This case has been cited 3 times or more.
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2012-01-24 |
VELASCO JR., J. |
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| Nonetheless, the Court has had the occasion to dismiss several cases owing to the infringement of a party's right to a speedy disposition of cases.[94] Dismissal of the case for violation of this right is the general rule. Bernat v. The Honorable Sandiganbayan (5th Division)[95] expounds on the extent of the right to a speedy disposition of cases as follows: Section 16 of Article III of the Constitution guarantees the right of all persons to a "speedy disposition of their cases." Nevertheless, this right is deemed violated only when the proceedings are attended by vexatious, capricious and oppressive delays. Moreover, the determination of whether the delays are of said nature is relative and cannot be based on a mere mathematical reckoning of time. Particular regard must be taken of the facts and circumstances peculiar to each case. As a guideline, the Court in Dela Peña v. Sandiganbayan mentioned certain factors that should be considered and balanced, namely: 1) length of delay; 2) reasons for the delay; 3) assertion or failure to assert such right by the accused; and 4) prejudice caused by the delay. | |||||
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2009-06-05 |
CARPIO, J. |
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| In Bernat v. Sandiganbayan,[15] the Court denied petitioner's claim of denial of his right to a speedy disposition of cases considering that the petitioner in that case chose to remain silent for eight years before complaining of the delay in the disposition of his case. The Court ruled that petitioner failed to seasonably assert his right and he merely sat and waited from the time his case was submitted for resolution. In this case, petitioner similarly failed to assert his right to a speedy disposition of his case. He did not take any step to accelerate the disposition of his case. He only invoked his right to a speedy disposition of cases after the Sandiganbayan promulgated its decision convicting him for malversation of public funds. Petitioner's silence may be considered as a waiver of his right.[16] | |||||
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2005-10-17 |
YNARES-SANTIAGO, J. |
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| The foregoing doctrines were reiterated in Bernat v. Sandiganbayan,[45] where the claim of denial of the right to a speedy disposition of his criminal case was brushed aside by the Court considering that the accused waited eight years before complaining of the delay in the disposal of his case. | |||||