This is another example of unreasonable delay in the disposition of criminal cases covering a period of around 10 years and 2 months and 7 days from the time that the accused Fernando Ranche Havana was arrested by the police authorities on November 4, 2005 for alleged sales of prohibited drugs known as “shabu” until he was finally acquitted by the Supreme Court on January 11, 2016.
Case Of Alleged Illegal Sale Of “Shabu”
Fernando Ranche Havana was arrested for the alleged sales of illegal drugs known as “shabu” on November 4, 2005 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 Cebu City Branch 58 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.
They appeal their conviction before the Court of Appeal, contending among other things that the Regional Trial Court of Cebu City Branch 58 had 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 has sustained the judgment of conviction of the Regional Trial Court of Cebu City Branch 58 in its entirety per its decision dated May 31, 2010.
Thus, they bring the ruling of the Court of Appeal before the Supreme Court.
The Supreme Court on January 11, 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 their release from the Bureau of Correction.
Unreasonable Delay In The Disposition Of Criminal Case
It took almost 2 years and 3 months and 24 days from the time that the accused were arrested on November 4, 2005 until the Regional Trial Court of Cebu City Branch 58 has rendered a decision dated February 28, 2007.
On appeal from the Regional Trial Court of Cebu City Branch 58 to the Court of Appeal, it took almost 3 years and 3 months and 3 days before the Court of Appeal has ruled on his appeal on May 31, 2010.
From the ruling of the Court of Appeal up to the elevation of the case to the Supreme Court, it took almost 5 years and 7 months and 11 days before the latter court has finally rendered a favorable judgment of acquittal to the accused.
Indeed this is another 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? Until when must they wait?
Case reference: People of the Philippines vs. Fernando Ranche Havana G.R. No. 198450 http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/january2016/198450.pdf
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I do not think Mr. Ranche suffered imprisonment for all these ten years. He might have obtained the Stay order against the lower courts. This provision is available in India also.
The blogger is worrying about the delay of 10 years in a case.
In India, there are cases pending for the last 22 years without any final judgment.
The allegations of Disproportionate Assets (DA case) against late Mrs. Jayalalitha, former Chief Minister of Tamilnadu State took nearly 22 years to come up for final disposal. Time and again she approached the courts and obtained stay orders. Finally, in the year 2015, she was arrested and imprisoned for which she again approached the Supreme Court and obtained Stay orders. Finally, she was acquitted of the charges in that case.
Another case against Mr. Laluprasad Yadav for alleged misappropriation and embezzlement of funds meant for fodder was kept pending. Finally, it was disposed of sending him inside that made him ineligible to contest the Elections for 5 years. However, he challenged the order and came out obtaining stay orders against his arrest.
Another case of embezzlement of public funds by running a Chit Fund. I don't want to go into the details of the case. But, the alleged culprit successfully obtained stay orders overnight from the Higher Court against the orders of her immediate arrest of the High court. These are some simple cases involving embezzlement of public money, Disproportionate assets from the known sources of income, Cheating the public in the name of Chit Fund etc., which are taking a lot of time.
The Government under Mr. Modiji has taken a whiplash filing affidavits in all these cases and speeding up the action which was pending for many years. The judiciary also took a very serious note of all such cases.
I think the JUSTICE DELAYED IS JUSTICE DENIED is applicable only for a common man and not for the big. We have to bear with it.