This case has been cited 4 times or more.
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2014-07-09 |
VILLARAMA, JR., J. |
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| Findings of fact of the Office of the Ombudsman are conclusive when supported by substantial evidence and are accorded due respect and weight especially when they are affirmed by the CA. It is only when there is grave abuse of discretion by the Ombudsman that a review of factual findings may aptly be made.[17] And as long as there is substantial evidence in support of the Ombudsman's decision, that decision will not be overturned.[18] No such grave abuse of discretion is shown in this case. | |||||
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2010-09-07 |
VILLARAMA, JR., J. |
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| It must be stressed that in the determination of whether the right to speedy disposition of cases has been violated, particular regard must be taken of the facts and circumstances peculiar to each case. A mere mathematical reckoning of the time involved would not be sufficient.[158] Under the circumstances, we hold that the delay of (4) four years during which the case remained pending with the CA and this Court was not unreasonable, arbitrary or oppressive. | |||||
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2008-12-24 |
VELASCO JR., J. |
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| What is more, accused-appellant belatedly invoked his right to speedy trial only before the CA. The proceedings cannot now be claimed to be attended by vexatious, capricious, and oppressive delays. Accused-appellant cannot plausibly seek the protection of the law to benefit from the adverse effects of his failure to assert his right at the first instance.[15] As the CA correctly and judiciously observed:As can be gleaned from the records, accused-appellant never invoked in the RTC that he has been deprived of his right to speedy trial and speedy disposition of case. As it is, any allegation of violations of rights should first be ventilated with the RTC concomitant with the prayer to dismiss the case with prejudice. It is a bit too late in the day for herein accused-appellant to invoke now his right to speedy trial (People vs. Tee, 395 SCRA 443 [2003]). By raising this point belatedly with the [CA], accused-appellant has thus waived his objection and accordingly forfeits his right to the aforesaid constitutional guarantees.[16] x x x | |||||
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2008-11-24 |
VELASCO JR., J. |
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| What is more, accused-appellant belatedly invoked his right to speedy trial only before the CA. The proceedings cannot now be claimed to be attended by vexatious, capricious, and oppressive delays. Accused-appellant cannot plausibly seek the protection of the law to benefit from the adverse effects of his failure to assert his right at the first instance.[15] As the CA correctly and judiciously observed: As can be gleaned from the records, accused-appellant never invoked in the RTC that he has been deprived of his right to speedy trial and speedy disposition of case. As it is, any allegation of violations of rights should first be ventilated with the RTC concomitant with the prayer to dismiss the case with prejudice. It is a bit too late in the day for herein accused-appellant to invoke now his right to speedy trial (People vs. Tee, 395 SCRA 443 [2003]). By raising this point belatedly with the [CA], accused-appellant has thus waived his objection and accordingly forfeits his right to the aforesaid constitutional guarantees.[16] x x x | |||||