This is another example of unreasonable delay in the disposition of criminal cases covering a period of around 12 years and 2 days from the time that the accused Bernabe M. Bartolini was arrested by the police authorities on June 22, 2004 for alleged sale of prohibited drugs known as “shabu” until he was finally acquitted by the Supreme Court on July 27, 2016.
Case Of Alleged Illegal Sale of “Shabu”
Bernabe M. Bartolini was arrested for the alleged sales of illegal drugs known as “shabu” on June 22, 2004 by the police authorities and subsequently charged in an Information for “Violation of Section 5, Art. II, of R.A. 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 Cagayan de Oro City Branch 25 has rendered a decision convicting the accused for illegal sale of drugs “shabu” 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 Cagayan de Oro City Branch 25 had erred in convicting him since according to the accused the prosecution has failed to proved his guilt beyond reasonable doubt.
The Court of Appeal however has sustained the judgment of conviction of the Regional Trial Court Cagayan de Oro City Branch 25 in its entirety per its decision dated August 13, 2014.
Thus, he brings the ruling of the Court of Appeal before the Supreme Court.
The Supreme Court on July 27, 2016, has reverse and set aside the judgment of conviction 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 Drugs Act of 2002” and further order his release from detention.
Delay In The Disposition Of Criminal Case
It took almost 2 years and 4 months and 25 days from the time that the accused was arrested on June 22, 2004 until the Regional trial Court of Cagayan de Oro City has rendered a decision dated November 16, 2006.
On appeal from the Regional Trial Court of Cagayan de Oro City Branch 25 to the Court of Appeal, it took almost 7 years and 8 months and 28 days before the Court of Appeal has ruled on his appeal on August 13, 2014.
From the ruling of the Court of Appeal up to the elevation of the case to the Supreme Court, it took almost 1 year and 10 months and 14 days before the latter court has finally rendered a favorable judgment of acquittal to the accused.
Indeed this is clear case of justice delayed is justice deny situation.
How many people accused of criminal case are awaiting the illusive dream of obtaining justice in the near future?
Case reference: People of the Philippines vs. Bernabe M. Bartolini G.R. No. 215192
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