This case has been cited 1 times or more.
|
2005-10-17 |
YNARES-SANTIAGO, J. |
||||
| As significant as the right of an accused to a speedy trial is the right of the State to prosecute people who violate its penal laws.[34] The right to a speedy trial is deemed violated only when the proceeding is attended by vexatious, capricious and oppressive delays.[35] In the instant case, allowing the prosecution to present additional evidence, is a lawful exercise of due process and is certainly not intended to vex or oppress the petitioner. In the balancing test used to determine whether an accused had been denied speedy disposition of cases, the scales tilt in favor of allowing the prosecution to adduce further evidence. Slowly but surely, justice and due process would be afforded to the prosecution and to petitioner as well who would have the chance to present counter evidence. On the other hand, to erroneously put premium on the right to speedy trial in the instant case and deny the prosecution's prayer to adduce additional evidence would logically result in the dismissal of the case for the State. There is no difference between an order outrightly dismissing the case and an order allowing the eventual dismissal thereof. Both would set a dangerous precedent which enables the accused, who may be guilty, to go free without having been validly tried, thereby infringing the interest of the society. | |||||