Angelito Magno, (petitioner) VS. Ombudsman (respondent), GR. NO. 230575, March 14, 2018

 DOCTRINE:  The right of the accused to a speedy trial and to a speedy disposition of the case against him was designed to prevent the oppression of the citizen by holding criminal prosecution suspended over him for an indefinite time, and to prevent delays in the administration of justice by mandating the courts to proceed with reasonable dispatch in the trial of criminal cases.

FACTS:

On May 14, 2003, an Information was filed before the RTC charging petitioner Angelito Magno with Multiple Frustrated Murder and Double Attempted Murder. In the course of the prosecution's presentation of witnesses, the RTC sustained a petitioner's objection on the admissibility of one of the witness's testimonies, prompting the prosecution to elevate the matter to the Sandiganbayan. The SANDIGANBAYAN issued a sixty (60)-day TRO enjoining the RTC from proceeding with Crim. Case No. DU-10123. In a Decision dated February 12, 2007, the SANDIGANBAYAN dismissed the Objection.

Meanwhile and after the expiration of the TRO in the Objection Case, petitioner filed on March 16, 2006 a Motion to Set Case for Continuous Hearing before the RTC, invoking his right to speedy trial. In an Order dated June 16, 2006, the RTC granted petitioner's motion, and accordingly, set the hearing on September 1, 2006. The prosecution moved for reconsideration but the same was denied in an Order dated August 18, 2006. On September 1, 2006. Such presentation continued all the way until June 7, 2007 when the prosecution requested to reset the hearing to August 16, 2007 due to the handling prosecutor's illness.

However, it appears that from such postponement until around early 2010, no hearings were conducted in the case. Hence, the petitioner filed a Motion to Dismiss on the ground of violation of his right to speedy trial which the trial court granted. But the Sandiganbayan set aside the trial’ court ruling and reinstituted the criminal action against the petitioner

ISSUE:  Whether or not petitioner Angelito Magno’s right to speedy disposition of       his    has                been violated?  

HELD:   The petition is meritorious. An accused's right to "have a speedy, impartial, and public trial" is guaranteed in criminal cases by Section 14 (2), Article III of the 1987 Constitution.

In Tan v. People, the Court ruled that the right of the accused to a speedy trial and to a speedy disposition of the case against him was designed to prevent the oppression of the citizen by holding criminal prosecution suspended over him for an indefinite time, and to prevent delays in the administration of justice by mandating the courts to proceed with reasonable dispatch in the trial of criminal cases. 

In this case, the Court ruled that the numerous delays and postponements that occurred during the First Period were excusable. Under this case, the Supreme Court highlighted the essential elements of the right to speedy trial. These are the: Length of delay; Reason for the delay; Failure to assert the right of the accused; Prejudice caused by the delay. The Supreme Court also emphasized that a violation of this right should be accompanied by the following; vexatious, capricious, and oppressive to the defendant.

Thus, in view of the unjustified length of time miring the resolution of Criminal action as well as the concomitant prejudice that the delay in this case has caused, the Court concludes that petitioner's right to speedy trial had been violated.

WHEREFORE, the petition is GRANTED. The Decision of the Sandiganbayan in SANDIGANBAYAN are hereby NULLIFIED and SET ASIDE.