Petitioner Conde has been forced to respond to five criminal charges over the course of a year, appearing in court on eight separate occasions. Each time, the prosecution has postponed the case without good cause. The court held that securing postponements without cause beyond a reasonable period violates the right to a speedy trial. The court ordered the charges dismissed and the provincial fiscal to abstain from further prosecution based on the same facts.
Petitioner Conde has been forced to respond to five criminal charges over the course of a year, appearing in court on eight separate occasions. Each time, the prosecution has postponed the case without good cause. The court held that securing postponements without cause beyond a reasonable period violates the right to a speedy trial. The court ordered the charges dismissed and the provincial fiscal to abstain from further prosecution based on the same facts.
Petitioner Conde has been forced to respond to five criminal charges over the course of a year, appearing in court on eight separate occasions. Each time, the prosecution has postponed the case without good cause. The court held that securing postponements without cause beyond a reasonable period violates the right to a speedy trial. The court ordered the charges dismissed and the provincial fiscal to abstain from further prosecution based on the same facts.
Petitioner Conde has been forced to respond to five criminal charges over the course of a year, appearing in court on eight separate occasions. Each time, the prosecution has postponed the case without good cause. The court held that securing postponements without cause beyond a reasonable period violates the right to a speedy trial. The court ordered the charges dismissed and the provincial fiscal to abstain from further prosecution based on the same facts.
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Conde Vs.
Rivera GR No L-21741, January 25, 1924
Facts: Petitioner has been forced to respond to no less than five informations for various crimes and misdemeanors, has appeared with her witnesses and counsel at hearings no less than on eight different occasions only to see the cause postponed, has twice been required to come to the Supreme Court for protection, and now, after the passage of more than one year from the time when the first information was filed, seems as far away from a definite resolution of her troubles as she was when originally charged.
Issue: Whether or not theres a violation on right to speedy trial.
Held: We lay down the legal proposition that, where a prosecuting officer, without good cause, secures postponements of the trial of a defendant against his protest beyond a reasonable period of time, as in this instance for more than a year, the accused is entitled to relief by a proceeding in mandamus to compel a dismissal of the information, or if he be restrained of his liberty, by habeas corpus to obtain his freedom. The writ prayed for shall issue and the Provincial Fiscal of Tayabas shall abstain from further attempts to prosecute the accused pursuant to informations growing out of the facts set forth in previous informations, and the charges now pending before the justice of the peace of Lucena, Tayabas, are ordered dismissed, with cost against the respondent fiscal.
