Scribd Logo
Upload

Welcome to Scribd!

  • 140 views

    Speedy Trial and Disposition of Cases Jurisprudence

    Uploaded by

    frandrive
    The document discusses a person's constitutional right to the speedy disposition of cases under Section 16 of the Philippine Constitution. This right applies to all parties in all judicial, quasi-judicial, or administrative proceedings. In determining if a defendant's right to a speedy trial has been violated, courts consider factors like the length of delay, reasons for delay, if the right was asserted, and any prejudice caused. The key factors are whether the delay was vexatious, capricious, or oppressive, as speedy trial rights are meant to shield defendants, not be used as weapons.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Speedy Trial and Disposition of Cases Jurisprudence

    Uploaded by

    frandrive
    140 views2 pages
    The document discusses a person's constitutional right to the speedy disposition of cases under Section 16 of the Philippine Constitution. This right applies to all parties in all judicial, quasi-judicial, or administrative proceedings. In determining if a defendant's right to a speedy trial has been violated, courts consider factors like the length of delay, reasons for delay, if the right was asserted, and any prejudice caused. The key factors are whether the delay was vexatious, capricious, or oppressive, as speedy trial rights are meant to shield defendants, not be used as weapons.

    Original Description:

    Jurisprudence on Speedy Trial and Disposition of Cases

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses a person's constitutional right to the speedy disposition of cases under Section 16 of the Philippine Constitution. This right applies to all parties in all judicial, quasi-judicial, or administrative proceedings. In determining if a defendant's right to a speedy trial has been violated, courts consider factors like the length of delay, reasons for delay, if the right was asserted, and any prejudice caused. The key factors are whether the delay was vexatious, capricious, or oppressive, as speedy trial rights are meant to shield defendants, not be used as weapons.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    140 views2 pages

    Speedy Trial and Disposition of Cases Jurisprudence

    Uploaded by

    frandrive
    The document discusses a person's constitutional right to the speedy disposition of cases under Section 16 of the Philippine Constitution. This right applies to all parties in all judicial, quasi-judicial, or administrative proceedings. In determining if a defendant's right to a speedy trial has been violated, courts consider factors like the length of delay, reasons for delay, if the right was asserted, and any prejudice caused. The key factors are whether the delay was vexatious, capricious, or oppressive, as speedy trial rights are meant to shield defendants, not be used as weapons.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    A persons right to the speedy disposition of his case is guaranteed under Section 16,

    Article III of the Philippine Constitution (Constitution) which provides:

    Sec. 16. All persons shall have the right to speedy disposition of their cases before all
    judicial, quasi-judicial, or administrative bodies.

    This constitutional right is not limited to the accused in criminal proceedings buy
    extends to all parties in all cases, be it civil or administrative in nature, as well as all
    proceedings, either judicial or quasi-judicial. In this accord, any party to a case may
    demand expeditious action to all officials who are tasked with the administration of
    justice.
    xxx

    Hence in the determination of whether the defendant has been denied his right to
    a speedy disposition of a case, the following factors may be considered and balanced:
    (1) length of delay; (2) reasons for the delay; (3) the assertion or failure to assert such
    right by the accused; and (4) the prejudice caused by the delay. (Coscolluela vs
    Sandiganbayan, G.R. No. 191411, July 15, 2013)

    On Speedy Trial

    xxx

    The right to a speedy trial may be defined as one free from vexatious, capricious and
    oppressive delays, its salutary objective being assure that an innocent person may be free
    from the anxiety and expense of a court litigation or, of otherwise, or having his guilt determined
    within the shortest possible time compatible with the presentation and consideration of
    whatsoever legitimate defense he may interpose.

    xxx

    We emphasize that in determining the right of an accused to speedy trial, courts are
    required to do more than a mathematical computation of the number of postponements of the
    scheduled hearings of the case. A mere mathematical reckoning of the time involved is clearly
    insufficient, and particular regard must be given to the facts and circumstance peculiar to each
    case

    xxx
    The Court took into account the reasons for the delay, i.e. the frequent amendments of
    procedural laws by presidential decrees, the structural reorganizations in existing prosecutorial
    agencies and the creation of new ones by executive fiat, resulting in changes of personnel,
    preliminary jurisdiction, and the function and powers of prosecuting agencies. The Court also
    considered the failure of the accused to assert such right, and the lack of prejudice caused by
    the delay to the accused.

    xxx

    Right to Speedy trial and speedy disposition of case is violated only when the
    proceeding is attended by vexatious, capricious and oppressive delays.

    xxx

    In determining whether the [respondent] has been deprived of [her] right, factors to
    consider and balances are the following: (1) length of delay; (2) reasons for the delay; (3) the
    assertion or failure to assert such right by the accused; and (4) the prejudice caused by the
    delay.

    xxx

    The rights given to the accused by the Constitution and the Rules of Court are shields,
    not weapons. Courts are tasked to give meaning to that intent. There being no capricious,
    vexatious, oppressive delay in the proceedings, and no postponements unjustifiably sought,
    [the right to speedy trial was not violated] (Tan vs. People, G.R. No. 173637, April 21, 2009)

    xxx

    You might also like