This case has been cited 3 times or more.
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2013-12-11 |
BERSAMIN, J. |
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| It is clear from the foregoing that the Office of the Ombudsman had taken an unusually long period of time just to investigate the criminal complaint and to determine whether to criminally charge the respondents in the Sandiganbayan. Such long delay was inordinate and oppressive, and constituted under the peculiar circumstances of the case an outright violation of the respondents' right under the Constitution to the speedy disposition of their cases. If, in Tatad v. Sandiganbayan,[94] the Court ruled that a delay of almost three years in the conduct of the preliminary investigation constituted a violation of the constitutional rights of the accused to due process and to the speedy disposition of his case, taking into account the following, namely: (a) the complaint had been resurrected only after the accused had a falling out with former President Marcos, indicating that political motivations had played a vital role in activating and propelling the prosecutorial process; (b) the Tanodbayan had blatantly departed from the established procedure prescribed by law for the conduct of preliminary investigation; and (c) the simple factual and legal issues involved did not justify the delay, there is a greater reason for us to hold so in the respondents' case. | |||||
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2012-03-14 |
SERENO, J. |
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| This does not mean that courts may disregard the statutory periods with impunity. We cannot assume that the law deliberately meant the provision "to become meaningless and to be treated as a dead letter."[36] However, the records of this case do not show such blatant disregard for the law. In fact, the RTC immediately set the case for initial hearing a day after the filing of the application for registration,[37] except that it had to issue a second Order because the initial hearing had been set beyond the 90-day period provided by law. | |||||
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2003-04-01 |
CALLEJO, SR., J. |
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| ... An examination of the Motion for Judicial Determination of Probable Cause and for Examination of Prosecution Witnesses filed by the petitioner and his other co-accused in the said criminal cases would show that the petitioner did not pray for the dismissal of the case. On the contrary, the reliefs prayed for therein by the petitioner are: (1) a judicial determination of probable cause pursuant to Section 2, Article III of the Constitution; and (2) that warrants for the arrest of the accused be withheld, or if issued, recalled in the meantime until the resolution of the motion. It cannot be said, therefore, that the dismissal of the case was made with the consent of the petitioner. A copy of the aforesaid motion is hereto attached and made integral part hereof as Annex "A."[19] | |||||