Categories: Politics & Government

Justice Delayed Is Justice Deny: Part 15

   This is another specific example of unreasonable delay in the disposition of criminal cases covering a period of around 11 years and 6 months and 20 days from the time that the accused Sander Dacuma y Lunsod was arrested by the police authorities on July 15, 2003 for alleged sales of prohibited drugs known as “shabu” until he was finally acquitted by the Supreme Court on February 4, 2015.

Case Of Alleged Illegal Sale Of “Shabu”

Sander Dacuma y Lunsod was arrested for the alleged sales of illegal drugs known as “shabu” on July 15, 2003 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 on November 10, 2003.

After the trial, the Regional Trial Court of Carigara Leyte Branch 13 has rendered a decision dated September 17, 2004 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 Carigara Leyte Branch 13 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 Carigara Leyte Branch 13 in its entirety per its decision dated October 24, 2011.

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

The Supreme Court on February 4, 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 custody.

Unreasonable Delay In The Resolution Of Criminal Case

   It took almost 1 year and 2 months and 2 days from the time that the accused was arrested on July 15, 2003 until the Regional Trial Court of Carigara Leyte  Branch 13 has rendered a decision dated September 17, 2004.

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On appeal from the Regional Trial Court of Carigara Leyte Branch 13 to the Court of Appeal, it took almost 7 years and 7 days before the Court of Appeal has ruled on his appeal on October 24, 2011.

From the ruling of the Court of Appeal up to the elevation of the case to the Supreme Court, it took almost 3 years and 3 months and 10 days before the latter court has finally rendered a favorable judgment of acquittal to the accused.

In truth this is another case of justice delayed is justice deny situation under the Philippine laws and jurisprudence.

I wonder how many more persons are languishing in jay until their crimainal cases are finally resolve by the Supreme Court.

Case reference: People of the Philippines vs. Sander Dacuma y Lunsod

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/february2015/205889.pdf

 

 

 

 

 




  • Arnold Cruz

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