This is another case of slow disposition of criminal case. It took a period of almost 11 years and 5 months and 21 days from the time that the accused Mardan Ameril was arrested for alleged sale of illegal drugs known as “shabu” by the police until he was finally acquitted by the Supreme Court on November 14, 2016.
Case Of Illegal Sale of Drugs
Mardan Ameril was arrested for the alleged sale of illegal drugs “shabu” on May 24, 2005 by the police and subsequently charged in an Information for “Violation of Section 5, Article II, of Republic Act No. 9165” otherwise known as the “Comprehensive Dangerous Drug Act of 2002”.
When arraigned the accused denied the accusation.
After the trial, the Regional Trial Court of Cebu City Branch 13 has rendered a decision dated May 28, 2008 convicting the accused for the crime of sale of drugs and imposing upon him the penalty of life imprisonment and a fine of 500,000.00 Philippine Pesos.
He appeal his conviction before the Court of Appeal contending among other things that the Regional Trial Court of Cebu City Branch 13 has erred in convicting him since according to the accused, the prosecution has failed to prove his guilt beyond reasonable doubt.
The Court of Appeal however sustained the judgment of conviction by the Regional Trial Court of Cebu City in its entirety per its decision dated August 8, 2011.
Thus, he elevated the ruling of the Court of Appeal before the Supreme Court. The latter being the court of last resort.
On November 14, 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, Art. II of R.A. 9165” otherwise known as the “Comprehensive Dangerous Act of 2002” and at the same time ordered his immediate release from the Bureau of Corrections, Muntinlupa City.
Delay In The Case Disposition
It took almost 3 years and 4 days from the time that the accused was arrested on May 24, 2005 until the Regional Trial Court has rendered its Decision on May 28, 2008.
On appeal from the Regional Trial Court of Cebu City Branch 13 to the Court of Appeal, it almost took 3 years and 2 months and 9 days before the Court of Appeal ruled on his appeal on August 8, 2011.
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 5 years and 2 months and 6 days before the same finally rendered a favorable judgment of acquittal to the accused.
Thus, it almost took an entire 11 years and 5 months and 21 days period before Mardan Ameril obtained justice in this instant case.
What a very slow system of justice indeed when so many people are wrongfully charged of drug offenses or cases.
Case reference: People of the Philippines vs. Mardan Ameril G.R. No. 203293 http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/november2016/203293.p
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View Comments
n That is true: Justice delayed is justice denied. This happens if judges and lawyers are conspiring.
Hi cely,
Thank you so much for your reply. It will be a very sad day indeed if there will come a time that there will be connivance between the judges and lawyers in deliberately delaying the speedy disposition of criminal cases.
That situation is not good for the person accused of any crimes especially “heinous crimes” where you cannot post any bail whatsoever.
The hard thing is that while the case is on-going the accused is languishing in jail for a long period of time only to be finally acquitted and release by the Supreme Court if ever that the case reached the court of last resort.
We know that the jail condition in our country is far from being ideal. Almost all jails are crowded and too full of prisoners. The food being fed to the prisoners are not that good either.
We cannot understand why it took so long before any given criminal case, say for example drug cases like sale of “shabu” could be disposed and terminated by the court.
Almost 60%-70% of the criminal cases pending trial in the Philippines are mostly drug cases which continue to clog every court docket.
I think there is a need for strict monitoring and regular inventory of all drug cases from all court so that the right to speedy trial of every accused will be a living reality.
That's a sad state of the justice system in our country. The reason why many fear that the imposition of death penalty could not truly solve the problem of illegal drugs; what if the poor man who could not defend himself in court was sentenced to die, yet he was innocent of the charge against him?
It would be unfair, and like what you posted here, it was a case of injustice for that accused who languished in jail for so long in spite of being innocent!
Hi acelawrites,
Thanks again for your comment. Yes you are right---there’s always the great danger that innocent people wrongly accused of crime may die if and when the death penalty will be revive or re-impose in our country.
It is common knowledge that those who are being charged for the crime or offense of Illegal Drugs whether for possession or sale are always those who comes from the poor sector of our society.
The same is true for those being convicted for the sale of drugs---those who comes from the poor sector of our society or almost always on the poverty level.
The present campaign of the Duterte Administration against drugs or its “war on drugs” and the possible revival or re-imposition of the capital punishment or death penalty are two interconnected things.
On the level of principle yes we need to fight the drug menace in the Philippine society due to its pernicious effect which is quite obvious and is self-explanatory. However, such campaign against drugs much always be done in accordance and within the limitation provided for by law.
As they say, there’s always a thin blue line between law enforcement and taking the law into one’s hand i.e. EJK or the rise of vigilantism.