This is another classical example of the unreasonable delay in the disposition of criminal cases covering a period of around 4 years and 1 month and 5 days from the time that the accused Rusgie Garrucho y Serrano was arrested for alleged sales and posession of illegal drugs “shabu” by the police authorities on May 29, 2011 until she was finally acquitted by the Supreme Court on July 04, 2016.
Case Of Illegal Sale of “Shabu”
Rusgie Garrucho y Serrano was arrested for the alleged sales and possession of illegal drugs “shabu” on May 29, 2011 by the police and subsequently charged in an Information for “Violation of Section 5 and Section 11, Article II, of Republic Act No. 9165” otherwise known as the “Comprehensive Dangerous Drug Act of 2002”.
When arraigned the accused has entered a plea of not guilty.
After the trial, the Regional Trial Court of Silay City Branch 69 has rendered a decision dated September 19, 2012 convicting the accused for the crime of sales and possession of drugs and imposing upon her the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos for sales of drugs and a penalty of imprisonment ranging from 14 years and 1 day as minimum to 17 years maximum and a fine of 300,000.00 Philippine Currency for possession of drugs.
She appeal her conviction before the Court of Appeal contending among other things that the Regional Trial Court of Silay City Branch 69 has erred in convicting her since according to the accused the prosecution has failed to prove her guilt beyond reasonable doubt.
The Court of Appeal however sustained the judgment of conviction by the Regional Trial Court of Silay City Branch 69 in its entirety per its decision dated March 24, 2015.
Thus, she brings the ruling of the Court of Appeal before the Supreme Court.
On July 04, 2016, the Supreme Court has reverse and set aside the judgment of the Court of Appeal and acquitted the accused for the crime of “Violation of Sec. 5 and Sec. 6, Article II of R.A. 9165” otherwise known as the “Comprehensive Dangerous Drug Act Of 2002″ and ordering her release from the Correctional Institutions For Women, Mandaluyong City.
Delay In The Disposition Of The Criminal Case
It took almost 1 year and 3 months and 21 days from the time that the accused was arrested on May 29, 2011 until the Regional Trial Court of Silay City Branch 69 has rendered its Decision dated September 19, 2012.
On appeal from the Regional Trial Court of Silay City Branch 69 to the Court of Appeal it almost took 1 year and 3 months and 21 days before the Court of Appeal ruled on his appeal dated March 24, 2014.
From the ruling of the Court of Appeal up to the elevation of the case to the Supreme Court, it took the latter court almost 1 year and 3 months and 10 days before the same finally rendered a favorable judgment of acquittal to the accused.
Thus, it almost takes 4 years and 1 month and 5 days before Rusgie Garrucho y Serrano obtained justice in this instant case.
Indeed, this is a case justice delayed justice denied case.
Case reference: People of the Philippines vs. Rusgie Garrucho y Serrano G.R. No. 220449 http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/july2016/220449.pdf
What is the Main Cause of a Heart Attack? What is its Solution? A heart attack is the blockage of… Read More
In the vast economic arena, one term that often takes center stage, inciting extensive debates and discussions, is the "debt… Read More
De-Dollarization: The Changing Face of Global Finance The financial landscape is in a state of flux, with an intriguing economic… Read More
The curtains closed on a dramatic Bundesliga season with Bayern Munich standing tall once again, clinching their 11th straight title.… Read More
The Unfolding Story of Celine Dion's Health In recent news that has left fans across the globe stunned, iconic singer… Read More
As the echoes of the recent NBA season start to fade, the attention of enthusiasts is firmly glued to one… Read More