Frederico Olbes v. Hon. Buemio (Speedy Trial) PDF
Frederico Olbes v. Hon. Buemio (Speedy Trial) PDF
due process and the strictures of speedy trial on the one hand, and
the right of the State to prosecute crimes and rid society of
criminals on the other.—Reiterating the Court’s
_______________
* FIRST DIVISION.
337
CARPIO-MORALES, J.:
On complaint of Samir and Rowena Muhsen, Federico
Miguel Olbes (petitioner) was indicted for Grave Coercion
before the Metropolitan Trial Court (MeTC) of Manila by
Information1 dated June 28, 2002 which was raffled to
Branch 22 thereof. On October 28, 2002, petitioner posted
bail and was released.Denying petitioner’s motion to defer
or suspend his arraignment in light of his pending petition
for review before the Department of Justice from the City
Fiscal’s Resolution finding probable cause to hale him into
court, Judge Hipolito dela Vega proceeded with petitioner’s
arraignment on February 12, 2003 in which he pleaded not
guilty to the charge.2 Pre-trial was thereupon set to May
28, 2003 which was, however, declared a non-working day
due to the occurrence of typhoon “Chedeng.” The pre-trial
was thus reset to October 23, 2003.3
central.com.ph/sfsreader/session/0000017549c3686e84fffda4003600fb002c009e/t/?o=False 2/11
10/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 607
_______________
1 Rollo, p. 42.
2 Records, p. 217.
3 Rollo, p. 43.
338
_______________
4 Id., at p. 56.
5 Id., at pp. 44-46.
6 An Act to Ensure a Speedy Trial of All Criminal Cases Before the
Sandiganbayan, Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court, and Municipal Circuit Trial Court, Appropriating
Funds Therefor, and for Other Purposes.
7 Implementing the Provisions of Republic Act No. 8493 (effective
September 15, 1998).
8 Sec. 9. Remedy where accused is not brought to trial within the
time limit.—If the accused is not brought to trial within the time limit
required by section 1 (g), Rule 116 and section 1, as extended by section 6
of this Rule, the information may be dismissed on motion of the accused
on the ground of denial of his right to speedy trial. The accused shall have
the burden of proving the motion but the prosecution shall have the
burden of going forward with the evidence to establish the exclusion of
time under section 3 of this Rule. The dismissal shall be subject to the
rules on double jeopardy.
central.com.ph/sfsreader/session/0000017549c3686e84fffda4003600fb002c009e/t/?o=False 3/11
10/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 607
339
_______________
central.com.ph/sfsreader/session/0000017549c3686e84fffda4003600fb002c009e/t/?o=False 4/11
10/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 607
340
_______________
central.com.ph/sfsreader/session/0000017549c3686e84fffda4003600fb002c009e/t/?o=False 5/11
10/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 607
341
I
. . . IN AFFIRMING THE MTC-MANILA JUDGE’S RULING
THAT COMPLIANCE WITH RULE 119, SECTION 9 OF THE
RULES IS NOT MANDATORY. THE RIGHT OF AN ACCUSED
TO A SPEEDY TRIAL IS A SUBSTANTIVE RIGHT THAT
CANNOT BE DISREGARDED.
II
. . . IN AFFIRMING THE MTC-MANILA JUDGE’S RULING
THAT THE ENUMERATION OF ALLOWABLE TIME
EXCLUSIONS UNDER RULE 119, SECTION 3 IS NOT
EXCLUSIVE, AND THAT THE FAILURE TO BRING
PETITIONER TO TRIAL WITHIN THE PERIOD PROVIDED
UNDER RULE 119, SECTION 6 WAS JUSTIFIED.
x x x x,17
_______________
342
central.com.ph/sfsreader/session/0000017549c3686e84fffda4003600fb002c009e/t/?o=False 6/11
10/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 607
_______________
344
central.com.ph/sfsreader/session/0000017549c3686e84fffda4003600fb002c009e/t/?o=False 7/11
10/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 607
_______________
344
central.com.ph/sfsreader/session/0000017549c3686e84fffda4003600fb002c009e/t/?o=False 8/11
10/21/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 607
345
delay; (b) the reason for the delay; (c) the defendant’s
assertion of his right; and (d) prejudice to the defendant.”
(citations omitted) (underscoring supplied)
_______________
346
SO ORDERED.
Petition denied.
_______________
central.com.ph/sfsreader/session/0000017549c3686e84fffda4003600fb002c009e/t/?o=False 11/11