Categories: Politics & Government

Justice Delayed Is Justice Denied: Part 43

This is another example of unreasonable delay in the disposition of criminal cases that took almost 14 years and 2 months and 12 days from the time that the accused Geraldo Soriano @Pedro was arrested by the police authorities on January 1, 1999 for alleged crime of “Rape with Homicide” until he was finally acquitted by the Supreme Court per its decision dated March 13, 2013.

Alleged Sale Of “Rape with Homicide”

   The accused Geraldo Soriano @ Pedro was charged in an Information for the crime of “Rape with Homicide” defined and penalized under the Revised Penal Code.

During his arraignment the accused has entered a plea of not guilty.

After due trial, the Regional Trial Court of Marawi City Branch 10 has rendered a decision dated October 14, 2002 convicting the accused for the crime of “Rape with Homicide” and imposing upon him the penalty of death and to indemnify and pay moral damages to the heirs of the offended party.

He appeal the decision of the Regional Trial Court Marawi City Branch 10 to the Court of Appeal, contending among other things that the Trial Court has erred in convicting him since the prosecution has failed to prove his guilt beyond reasonable doubt.

The Court of Appeal has affirmed the judgment of conviction by the Regional Trial Court Marawi City Branch 10 in its entirety per its decision dated October 22, 2009.

The accused has elevated the decision of the Court of Appeal before the Supreme Court. The latter court has reversed and set aside the decision of the Court of Appeal and acquitted the accused for the crime of “Violation of Sec. 5, Art II, of R.A. 9165”, otherwise known as “The Comprehensive Dangerous Drug Act of 2002” and further order her release from the Bureau of Correction per its decision dated March 13, 2013.

Unreasonable Delay In The Disposition Of Criminal Case

   It took almost 13 years and 9 months and 13 days from the time that the accused was arrested by the police authorities on January 1, 1999 until the Regional Trial Court Marawi City Branch 10 has rendered its decision dated October 14, 2002.

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On appeal from the decision of the Regional Trial Court Marawi City Branch 10 to the Court Appeal, it took almost 7 years and 8 days before the latter court has rendered its decision dated October 22, 2009.

From the decision of the Court of Appeal to the Supreme Court, it took the latter court almost 3 years and 4 months and 19 days before it resolve the instant case per its decision dated March 13, 2013.

How many more persons accused of crime is languishing in jail for the moment until they finally obtained justice? This jurisprudence is merely one example.

There must be some ways and means to give the right of the accused to a speedy trial provided for under the constitution a living reality.

Otherwise, justice delayed will indeed be justice denied.

 

Case reference: People of the Philippines vs. Gerald Soriano G.R. No. 191271

https://docs.google.com/viewer?url=http%3A//sc.judiciary.gov.ph/jurisprudence/2013/march2013/191271.pdf

 




  • Arnold Cruz

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