BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
  • About
  • Articles
  • LAW
  • CPA REVIEW

a collections of case digests and laws that can help aspiring law students to become a lawyer


Imperial vs. Joson

12/26/2020

0 Comments

 
Imperial vs. Joson
​
Facts
A vehicular accident in Sariaya, Quezon involving an Isuzu ten-wheeler truck driven by petitioner Santos Francisco and Fuso six-wheeler truck was driven by respondent Santiago Giganto, Jr. gave rise to a criminal complaint for Reckless Imprudence in Saraiaya MTC. The case proceeded to mandatory pre-trial conference. Assistant Public Prosecutor Zabello had interviewed one of the witnesses, however, did not believe the version of the events and refused to stipulate the matters. In view of Prosecutor Zabella’s refusal, the Sariaya MTC went on to issue a pre-trial order dated 14 August 2001. As a consequence, petitioner filed on 30 August 2001 a motion "to compel and disqualify Prosecutor Zabella and to correct the pre-trial order”, which the MTC denied. Petitioner Francisco filed a motion for reconsideration and on 9 January 2002, the Sariaya MTC issued an order which directing that the pre-trial conference be set anew in view of the reassignment of the case to Prosecutor Francis Sia and the appearance of a new private prosecutor in the case. Dissatisfied, petitioner Francisco filed on 1 April 2002 the petition for certiorari, prohibition and mandamus with Lucena City RTC. Likewise contending that the nine postponements of the pre-trial conference on 10 and 17 October 2001, 7 November 2001, 23 January 2002, 13 March 2002, 4 September 2002, 6 November 2002, 15 January 2003 and 5 March 2003 were capricious, vexatious and oppressive, petitioner Francisco further moved for the dismissal of the case on 14 March 2004, on the ground that his constitutional right to a speedy trial had been violated.

Issues:
Whether or not the nine postponements of the pre-trial conference in the case attributable to the prosecution amounted to a violation of his constitutional right to a speedy trial.

Held:
No. Far from being vexatious, capricious and oppressive, however, the delays entailed by the postponements of the aforesaid hearings were, to a great extent, attributable to petitioner Francisco’s own pursuit of extraordinary remedies against the interlocutory orders issued by the Sariaya MTC and the assignment of at least three public prosecutors to the case.  Petitioner Francisco’s harping on his right to a speedy trial before the Sariaya MTC is materially attenuated by his motion for the disqualification of Prosecutor Zabella from the case and, later, his repeated prayer for the stoppage of the proceedings a quo in his petition for certiorari and prohibition before the Lucena RTC. Although the Revised Rules of Criminal Procedure mandates commencement of the trial within 30 days from receipt of the pre-trial order and the continuous conduct thereof for a period not exceeding 180 days, Section 3 a (1), Rule 119 provides that delays resulting from extraordinary remedies against interlocutory orders shall be excluded in computing the time within which trial must commence.
 
0 Comments



Leave a Reply.

    Archives

    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Copyright Notice
Copyright © – 2020, All Rights Reserved.

Disclaimer
This  project primarily designed to assist students of law  and accounting in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law/accounting degree nor in passing the Bar/Board Exams. We makes no warranties or representations of any kind, whether expressed or implied for the Services provided.
The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. We gives no warranty for the accuracy or the completeness of the materials. We also reserves the right to further improve, add, modify, or remove content with or without prior announcements.
This site also contains materials published by the students, professors, lawyers, and other users of the our Services. These materials are owned by such users and of their sole responsibility. While we may review user-published content, please do not assume that content you are accessing has been reviewed or curated. You may report abusive content through the listed contact details.
We does not guarantee against any loss or damage caused by third persons, delays, interruptions, unavailability, or by the termination of its Services.
We reserves the right to amend the terms and policies for its Services.

Terms of Service
By using our Services, you are agreeing to these terms. Please read them carefully.
Access our Services only through the interface and instructions provided. Do not misuse the Services, or use them in such ways that may interfere their availability, or in ways that may cause discredit to you, your school, or your profession.
These terms do not give you ownership of any intellectual property rights to the content you access on our Services. Do not use content from our Services other than for personal purposes unless you obtain permission from its owner or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices and attributions displayed in or along with our Services.
We may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Our Services are designed to be accessible on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
We may suspend or stop providing our Services to you if you do not comply with these terms and policies or if we are investigating suspected misconduct.

Privacy
Some services require you to login or register with minimal personal information this site.
Collected Information
Collected information includes user name, email address, Facebook ID and photo. The user may also optionally provide school, year level, BAR year, profession, office, address, and other information which may assist in improving our Services.
Uses of the Information
The collected information will only be used in connection with the use or for the improvement of our Services.
Users Created Content
Content created by users are published and shared for public use. Published content is always attributed to the author through his user account. A user may remain anonymous by changing his "display name" under his profile.
Data Analytics
We conducts data analytics for the improvement of the usability and design of our Services and the user experience. These may include but not limited to tracking time spent on the site, services availed, number of contents created or shared.

Content
Our Services allow you to create casebooks, digests, outlines, notes, and other content. You retain ownership of intellectual property rights that you hold in that content.
When you create content through our Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services (for example: your list of cases, digests, and outlines in your casebooks).
Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
We reserves the right to review your published content and may remove materials that are offensive, abusive, of no value, or not in line with the purpose of our Services. The amount of content or materials that you publish may be limited by us.
We also used cookies in our website.

Contact Us
  • HOME
  • OUR SERVICES
  • About
  • Articles
  • LAW
  • CPA REVIEW