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WILLIAM CO v. NEW PROSPERITY PLASTIC PRODUCTS

This case has been cited 1 times or more.

2015-04-15
PERALTA, J.
This Court has emphasized that "'speedy trial' is a relative term and necessarily a flexible concept." In determining whether the accused's right to speedy trial was violated, the delay should be considered in view of the entirety of the proceedings. The factors to balance are the following: (a) duration of the delay; (b) reason therefor; (c) assertion of the right or failure to assert it; and (d) prejudice caused by such delay. In the instant case, petitioner failed to show any evidence that the alleged delay in the trial was attended with malice or that the same was made without good cause or justifiable motive on the part of the prosecution. Mere mathematical reckoning of the time involved would not suffice as the realities of everyday life must be regarded in judicial proceedings.[17]