CA stops QC court from filing case vs drug suspect 5 yrs after arrest
FILE PHOTO
MANILA, Philippines—The Court of Appeals stopped the Quezon City regional trial court from acting on a case filed against a drug suspect five years after her arrest.
In a seven-page resolution dated May 17, the appeals court 7th division said it would be more prudent to stop the lower court from proceeding with the case against Joanne Urbina “on account of the seriousness of the issues [she has] raised.”
Urbina, through her lawyers, filed a petition for habeas corpus with the Court of Appeals after the Department of Justice (DoJ) failed to charge her in court five years after she was arrested.
After she filed the habeas corpus case with the appeals court, the DoJ filed a case against her for violation of the Comprehensive Dangerous Drugs Act before the QCRTC which was immediately raffled to Branch 227.
Urbina’s lawyer, Siddharta Peñaredondo III, told the appeals court that the information was null and void.
He said under Section 90 of the Comprehensive Dangerous Drugs Act, “when a preliminary investigation is conducted by a public prosecutor and a probable cause is established, the corresponding information shall be filed in court within 24 hours from the termination of the investigation…” which on this case, should have been Jan. 25, 2008.
During the May 10 hearing, the appeals court justices asked the government lawyers why the DoJ sat on the case for 5 years.
But the government lawyers said they were not privy to the reason for the delay.
In its May 17 resolution, the appeals court said while a criminal prosecution, as a general rule cannot be stopped, Urbina’s case fall under the exceptions.
“To begin with, Petitioner’s [Urbina] ground is of a serious nature, viz, the filing of an Information [case in court]… which resulted in the incarceration of petitioner for more than 5 years,” the appeals court said.
“Verily, although criminal prosecutions may not be restrained…infinitely more important than conventional adherence to general rules of criminal procedure is respect for the citizen’s right to be free not only from arbitrary arrest and punishment but also from unwarranted and vexatious prosecution,” the appeals court said.
Urbina, who was only 25 when she was arrested, together with a certain Ben Ryan Chua were arrested by the Philippine National Police Anti-Illegal Drugs Special Operations Task Force on Dec. 14, 2007. Then, on Jan. 25, 2008, the case against Chua was dismissed. Urbina was left detained at the Philippine National Police Custodial Center in Camp Crame for five years, four months and 15 days.
