This is another classic case of slow disposition of criminal cases covering a period of around 9 years and 5 months and 1 day from the time that the accused Gerrjan Manago y Acut Lintag was arrested for alleged possession of illegal drugs “shabu” by the police authorities on March 16, 2007 until he was finally acquitted by the Supreme Court on August 17, 2016.
Case Of Illegal Posession of “Shabu”
Gerrjan Manago y Acut was arrested for the alleged possession of illegal drugs “shabu” on March 16, 2007 by the police and subsequently charged in an Information for “Violation of 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 Cebu City 58 has rendered a decision dated March 23, 2009 convicting the accused for the crime of possession of drugs and imposing upon him the penalty of imprisonment ranging from 12 years 1 day as minimum to 15 years as maximum and a fine of 300,000.00 Philippine Pesos.
He appeal his conviction before the Court of Appeal contending among other things that the Regional Trial Court of Cebu City Branch 58 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 Branch 58 in its entirety per its decision dated May 20, 2013.
Hence, he brings the ruling of the Court of Appeal before the Supreme Court.
On August 17, 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. 11, Article 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.
Delay In The Disposition Of The Case
It took almost 2 years 7 days from the time that the accused was arrested on March 16, 2007 until the Regional Trial Court of Cebu City Branch 58 has rendered its Decision dated March 23, 2009.
On appeal from the Regional Trial Court of Cebu City Branch 58 to the Court of Appeal it almost took 4 years and 1 month and 27 days before the Court of Appeal ruled on his appeal dated May 20, 2013.
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 3 years and 2 months and 28 days before the same finally rendered a favorable judgment of acquittal to the accused.
Thus, it almost takes 9 years and 5 months and 1 day before Gerrjan Manago y Acut obtained justice in this instant case.
Indeed, a justice delayed-justice denied case.
Case reference: People of the Philippines vs. Gerrjan Manago y Acut G.R. No. 212340 http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/august2016/212340.pdf
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