G.R. No. 136304 - PEOPLE OF THE PHILIPPINES, VS. ROGER RAMA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the accused is hereby found guilty beyond reasonable doubt of the offense charged as defined and penalized by Article 267 of the Revised Penal Code, as amended by R.A. No. 7659, and is hereby sentenced to suffer the penalty of reclusion perpetua and to pay the parents of the victim the amount of P100,000.00 as moral damages and another amount of P20,000.00 as temperate or moderate damages. Considering that reclusion perpetua shall be from twenty years and one day to forty years (Art. 27, RA 7659), the period within which he has been placed under detention shall be deducted from his sentence." [14] Hence this appeal by the accused Rama on the following grounds: I. THE TRIAL COURT GRAVELY ERRED IN NOT DISMISSING THE CASE DESPITE SEVERAL INSTANCES WHEREIN THE PROSECUTION WAS NOT ABLE TO PRESENT OR CONTINUE THE PRESENTATION OF ITS EVIDENCE. II. THE TRIAL COURT ERRED IN FINDING THE ACCUSED GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF KIDNAPPING. We first deal with the issue of the prosecution's repeated failure to present evidence. On April 20, 1998, due to the absence of the public prosecutor, the lower court issued an order resetting the hearing to April 30 and May 4, 1998 with a warning to the prosecution that if it fails to present its witness without any reason, the case would be dismissed. [15] The hearing scheduled on April 30, 1998, was, however, cancelled because the judge was on leave. On May 4, 1998, the prosecution witness did not appear. The court gave the prosecution another chance to present its witnesses on May 12, 1998 with a second warning that should the prosecution again fail to do so, the case would be dismissed. On May 12, 1998, the public prosecutor handling the instant case was absent due to sickness. Another public prosecutor appeared before the court and informed the judge that she was not certain whether the private complainant and other witnesses were notified of the hearing. The substitute prosecutor prayed for a three-day postponement in order to contact the private complainant and promised that should the prosecution fail to present witnesses at such time, the prosecution would not object to a provisional dismissal of the case. Against the vehement objection of the defense, the court granted the prosecution a last chance to present its witnesses on May 15, 1998 and gave a final warning that should the prosecution fail to do so, the case would be dismissed. On May 15, 1998, the prosecution presented its witness. The defense contends that the delays caused by the prosecution violated his right to speedy trial. The court therefore committed grave abuse of discretion in not dismissing the instant case. The accused's contention is bereft of merit. While the Court recognizes the accused's right to speedy trial and adheres to a policy of speedy administration of justice, we cannot deprive the State of a reasonable opportunity to fairly prosecute criminals. Unjustified postponements which prolong the trial for an un