Categories: Politics & Government

Justice Delayed Is Justice Deny: Part 13

 

This is another concrete example of unreasonable delay in the disposition of criminal cases covering a period of around 11 years and 7 months and 25 days from the time that the accused Gerardo Enumerable y De Villa was arrested by the police authorities on May 27, 2004 for alleged sales of prohibited drugs known as “shabu” until he was finally acquitted by the Supreme Court on January 21, 2015.

Case Of Alleged Illegal Sale Of “Shabu”

Gerardo Enumerable y De Villa was arrested for the alleged sales of illegal drugs known as “shabu” on May 27, 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 negative plea.

After the trial, the Regional Trial Court of Lipa City Branch 12 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 Lipa City Branch 12 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 Lipa City Branch 12 in its entirety per its decision dated January 21, 2013.

Thus, he brings the ruling of the Court of Appeal before the Supreme Court.

The Supreme Court on January 21, 2015, 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.

Unreasonable Delay In The Termination Of Criminal Case

   It took almost 6 years and 7 months and 19 days from the time that the accused was arrested on May 27, 2004 until the Regional Trial Court of Lipa City Branch 12 has rendered a decision dated January 15, 2011.

On appeal from the Regional Trial Court of Lipa City Branch 12 to the Court of Appeal, it took almost 2 years and 16 days before the Court of Appeal has ruled on his appeal on January 31, 2015.

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 7 months and 25 days before the latter court has finally rendered a favorable judgment of acquittal to the accused.

Related Post

Indeed this is another case of justice delayed is justice deny situation under the Philippine jurisprudence.

How many more people accused of criminal cases are awaiting the illusive dream of obtaining justice in the near future? Again the question is: until when must they wait?

Case reference: People of the Philippines vs. Gerardo Enumerable Y De Villa G.R. No. 207993

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/january2015/207993.pdf

Image source: http://www.mygodpictures.com/category/lady-justice/page/2/

 

 

 

 

 

 

 

 




  • Arnold Cruz

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