This case has been cited 1 times or more.
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2003-09-23 |
YNARES-SANTIAGO, J. |
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| Every person who finds himself in a court of justice, in whatever capacity, must hold himself while there, subject to those unforeseen events which suddenly and unavoidably intervene and change the whole aspect of things. The sickness or death of the judge, or of counsel for the prosecution, the destruction by fire or flood of the court-house and all the records and evidence of the pending trial any of these things are sufficient to interrupt the course of the proceedings and to require that they be begun anew. Such events weigh equally against all. As no one can be charged with their occurrence, so no one can legally lose or profit by their results. While the law protects persons charged with crime from the unjust and arbitrary acts of man, there is no shield which may be interposed against the tyranny of unforeseen events. Until the proceedings which, under the system which the law provides, constitute his trial are terminated, the happening of an unforeseen event which renders the continuance of his trial for the time impossible, as it can not be used for his conviction, can not be urged for his absolution.[27] We cannot overemphasize the necessity for a regulated, orderly, and careful handling of court records; and the loss, tampering, or any other form of alteration or destruction of the same does not only contribute to inordinate delay in judicial proceedings but more importantly erodes the credibility and reliability of our courts.[28] In this connection, we note that, despite repeated directives from this Court, the National Bureau of Investigation has not submitted its report on the cause of the loss or disappearance of the records in the Office of the Solicitor General. | |||||