CASE 2016-0073: COMMO. LAMBERTO R. TORRES (RET.),V. SANDIGANBAYAN (FIRST DIVISION) AND PEOPLE OF THE PHILIPPINES (G.R. 221562-69, 05 OCTOBER 2016 , VELASCO, JR., J.) (BRIEF TITLE: TORRES VS SANDIGANBAYAN)

 

DISPOSITIVE:

 

“WHEREFORE, the petition is hereby GRANTED. The Resolutions dated August 27, 2015 and October 28, 2015 of the Sandiganbayan First Division in Criminal Case Nos. SB-l 1-CRM-0423, 0424, 0426, 0427, 0429, 0430, 0432, and 0433 are hereby ANNULLED and SET ASIDE.

 

The Sandiganbayan is likewise ordered to DISMISS Criminal Case Nos. SB-1 l-CRM-0423, 0424, 0426, 0427, 0429, 0430, 0432, and 0433 for violation of the constitutional right to speedy disposition of cases of petitioner Commo. Lamberto R. Torres (Ret.).

 

 SO ORDERED”

 

SUBJECTS/DOCTRINES/DIGEST:

 

 “In the present case, petitioner has undoubtedly been prejudiced by virtue of the delay in the resolution of the cases filed against him. Even though he was not initially included as a respondent in the investigation conducted from 1996 to 2006 pertaining to the “overpricing of medicines” procured through emergency purchase, he has already been deprived of the ability to adequately prepare his case considering that he may no longer have any access to records or contact with any witness in support of his defense. This is even aggravated by the fact that petitioner had been retired for fifteen ( 15) years. Even if he was never imprisoned and subjected to trial, it cannot be denied that he has lived under a cloud of anxiety by virtue of the delay in the resolution of his case.”

 

 

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scd-2016-0073-commo-lamberto-r-torres-ret

 

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