PEOPLE OF THE PHILIPPINES v. REYNALDO A. PAZCOGUIN and RODELITO M. BIAG

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY SECOND DIVISION *** ************ PEOPLE OF TH E PHILIPPI NES, CTA Crim. Case No. 0 - 234 Pl aintiff, For : Viol ation of Section 360 2 in relation to Sec. 2530, - versus - pars. (f) and (I) 3, 4 & 5 of th e TCCP Members: CASTANEDA, JR., Chairperson CASANOVA, and MINDARO- GRULLA, JJ. REYNALDO A. PAZCOGUIN, Promulgated : RODELITO M. BIAG, MAY 1 4 201Z Acc used. / x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x RESOLUTION For resolution is accused Rodelito M. Biag 's " MOTION TO DISMISS" fil ed on March 27, 20 12, w ith prosecution 's "JOINT COMMENT/OPPOSITION [To th e Accused Motion to Dismiss]" fil ed on April 2, 2012. In the sa id Motion, accu sed Biag stated that more than five months have elapsed and he still had not bee n brought for arraignment for failure on th e part of th e prosec ution to appea r on th e sch edu led dates of arraignm ent. He asked th e Court that th e case against him be dismissed for failure to prosecute. In support

RESOLUTIO N CTA Cri rn . Case No. 0 /31 Pa ge 2 of 4 th ereof, accused Biag cited th e provi sions of Section l(g ), Rul e 116 of the Revised Rules on Crimin al Procedure, Republic Act No . 8493, Ci rcul ar No . 38-98 of th e Supreme Court in co nju nction wi th hi s consti tutional ri ght to due process and speedy di sposition of case. The prosecutio n, on th e oth er hand, vehemently opposes accused's moti on on th e ground th at th ere was no capri ciou s or oppressive delays th at would ju stify the di smi ssal of the case. The prosec ution ex pl ain s that a structural reorganization at the Departm ent of Justice (DOJ), Nati onal Prosecution Se rvi ce (NPS) Task Force on Anti -Smugglin g occurred which led to th e repl ace ment of the handling tria l prosecutor of th e case , and that there was a temporary hiatu s on th e trial prosecutor who will conti nuously handl e the prosecution of th e case du e to wo rk pressure and hea vy volumes of assignm ent at th e NPS. Furt hermore, th e prosecution contends that even assumin g th ere was delay, th e same did not prejudi ce th e accused for he had already posted ba il and that th e accu sed contributed to the protracted proceeding s such as by his fi ling of a Motion to Suspend Proceedings. Th e determi nation on wheth er or not th e accu sed ri ght to speedy trial is violated, several factors are con sidered. In the case of Federico Mig uel Gibes vs. Han. Dantlo A. Buemio/ 1 th e Supreme Cou rt held : "In determ inin g wheth er th e acc used has bee n deprived of hi s right to a speedy disposition of the case and to a speedy trial, four factors mu st be con sidered: (a ) length of delay; (b ) the reason for th e delay; (c) th e defendant's asse rtion of hi s right; and (d ) prejudice to th e defenda nt. " 1 G.R. No. 1733 19, December 4, 2009 quottng the rultng tn People vs. Hernandez/ G.R. Nos. 154218 & 154372/ August 28/ 2 006

RESOL UTION ll-1\ C:mn. Case No. 0-7:34 Applyin g th e abovemention ed jurisprud ence in th e in stant case, We find that th e acc used right to speedy tri al was violated. We noted th at accused Biag 's arra ignm ent, which were set for (4) four times, specifically on Dece mber 14, 2011, January 18, 201 2, February 15, 201 2 and March 14, 201 2 did not ta ke pl ace due to th e prosecution 's failure to appea r on th e sa id schedul ed dates of arraig nm ent. In fact, We ord ered th e public prosecutor to expl ain , within fiftee n days from rece ipt of th e February 15, 201 2 Resolution, the reaso n fo r his absence durin g th e schedul ed arraignm ent but th e Cou rt did not receive any response from the prosecution . In its Join t Comm ent/ Opposition, th e prosecution finally and belatedly ex plain ed th e alleged stru ctural reorg ani zati on at th e DOJ , NPS Task Force on An ti - Smuggling which led to th e repl acement of the handling trial prosec utor of th e case. To our mind, the reason offered by th e prosecution is se lf-serving without any proof . Th e prosecution fail ed to establish th e fact of existence of sa id reorgani zation and wh en th e reorga nizati on actually took place. If th ere was ind eed a reorg ani za ti on at th e DOJ, NPS Task Force on Anti -Smuggling, res pect and courtesy to th e Cou rt and du e consid eration to acc used Biag's rights to speedy tri al should have prompted the prosecution to file a manifestation before th e Court with regard to th e delay that sa id reorgani zati on could bring about. Al so, while th e prosecution attached a copy of Office Ord er No. 246 dated March 26, 201 2 to its Joint Comm ent/ Opposition, the Court find s th e sa me insufficient to establi sh the existence of said reorgan ization . Th e sa id Office Ord er merely indicates that a new lawyer is designated to handle thi s

RESOLUT IO N CTA Crirn . Case No. 0 -73'1 case in lieu of Assistant State Prosecutor Michael A. Vito Cruz, who is no long er a member of the DOJ Task Fo rce on Anti -Smuggl ing. Final ly, while accused Biag was not detained on account of the bai l he posted, however, the posting of bail does not necessary mean that he was not prejudiced by th e delay in the arraignment of his case. As held in th e case of Jacob vs. Sandiganbayan/ "[e]ven if th e accused is not imprison ed prior to trial, he is still di sa dvantag ed by restraints on his liberty and by living und er a cloud of anxiety, suspicion and often, hostility . His financ ial resources may be drained, his association is curtailed, and he is subj ected to public obloquy." WHEREFORE, premises considered, accused MOTION TO DISMISS is hereby GRANTED . ACCORDINGLY, CTA Crim. Case No . 0 -234, with respect to accused Rod elito M. Biag, is hereby DISMISSED for failure to prosec ute. SO ORDERED . Q""--~ c .CA~S-T-A-NE-D-A~, 1JrQf!'- 1'uA-NITO C. Associate Justice (On Leave) ~ N . M~~- GnJL. CAESAR A. CASANOVA CIELITO N. MINDARO -GRULLA Associate Justice Associate Justice ; G.R. No. 1622 06, Nove mber 17, 2010, citing Corpu z vs. Sandig anbayan, G.R. No . 1622 14, November 11, 2004