DISPOSITIVE:

ACCORDINGLY, the petition for certiorari is GRANTED. The Orders dated August 13, 2019, October 1, 2019 and October 7, 2019 of the Regional Trial Court – Branch 58, Makati City in People v. Emerito P. Manalo, et al. (Criminal Case Nos. 19-00774, 19-00775, 19-00778, 19- 00780, 19-00781, 19-00782, 19-00784, 19-00787, 19-00789, 19-00796, 19- 00797, 19-00798, 19-00799, 19-00801, 19-00803, 19-00804, 19-00806, 19- 00807, and 19-00810.), People v. Vicente J. Campa, Jr. et al., (Criminal Case Nos. 19-00773, 19-00777, 19-00783, 19-00786, 19-00793, I 9-00801, 19- 00802, 19–00805, 19-00807, 19-00808, and 19-00809), and People v. Perfecto M. Pascua, et al. (Criminal Case Nos. 19-00790, 19-00794, and 19- 00808.) are NULLIFIED. The charges against VICENTE J. CAMPA, JR. and PERFECTO M. PASCUA are DISMISSED on ground of inordinate delay.

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

In Magante v. Sandiganbayan,46 the CoUii noted that prejudice from delay is most serious when a defendant is rendered unable to adequately prepare his case, as here. There is also prejudice when defense witnesses could no longer accurately recall events in the distant past.

In fine, the Court agrees with petitioners that the DOJ was guilty of inordinate delay in issuing its Resolution dated February 8, 2019 only about ten (10) years and five (5) months from the filing of the complaint.

.. . . . .

 Grave abuse of discretion is the capricious or whimsical exercise of judgment equivalent to lack or excess of jurisdiction. It must be so patent and gross as to amount to an evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility.

Here, petitioners sufficiently established that the trial court acted in grave abuse of discretion in denying their motions to dismiss and/or quash. Indeed, procedural rules are clear on the periods for resolving cases and jurisprudence is rich with analogous situations on which the trial court could have based its rulings. As it was, however, the trial court denied petitioners’ motions without properly determining whether there·was inordinate delay in accordance with Cagang. Had the trial court applied the balancing test and guidelines in Cagang, it would have discovered for itself that inordinate delay had indeed attended the DOJ investigation and that petitioners’ right to speedy disposition of their cases had been violated by reason thereof. Thus, a reversal of the assailed rulings is in order.

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scd-2021-0018-vicente-j.-campa-jr.-and-perfecto-m.-pascua-vs.-hon.-eugene-c.-paras-presiding-judge-rtc-br.-58-makati-city-and-people-of-the-philippinesDownload

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