CAES Vs IAC
CAES Vs IAC
CAES Vs IAC
IAC
Facts:
On November 21, 1981, petitioner Joel Caes was charged in two separate Informations with illegal possession of
firearms and illegal possession of marijuana before the Court of First Instance of Rizal. The cases were consolidated
on December 10, 1981. Arraignment was originally scheduled on January 11, 1982, but was for some reason
postponed. On August 31, 1982, Caes was arraigned and pleaded not guilty. Trial was scheduled for October 13,
1982, but this was reset upon agreement of the parties. Several other trial dates were reset mostly because the
prosecutions witnesses were not available.
On November 14, 1983, upon motion of the prosecution, the judge provisionally dismissed the case for lack of
interest of the prosecution witnesses to appear. On January 9, 1984, Maj. Dacanay and Sgt. Lustado filed a motion
to revive the case who alleged that they could not attend the hearing scheduled on November 14, 1983, for lack of
notice. The judge acting on the motion, revived the cases and set a hearing on June 1984. Petitioner filed a motion
for reconsideration but was denied, and the revived cases were set from hearing on November 19, 1984.
The petitioner questioned the judge's order on certiorari with the SC, which referred his petition to the respondent
court. The petition there was dismissed for lack of merit on and reconsideration denied. Caes then came to SC again
and raised a petition is based on two arguments, to wit: (a) that the motion to revive the cases was invalid because it
was not filed by the proper party nor was a copy served on the petitioner; and (b) the revival of the cases would place
the petitioner double jeopardy in violation of the Bill of Rights.
Issue:
Whether or not the plaintiffs right to speedy trial has been violated?
Ruling:
Yes, his right to speedy trial has been violated. As the record shows, the petitioner was arraigned on August 31, 1982,
but was never actually tried until the cases were dismissed on November 14, 1983, following eleven postponements
of the scheduled hearings, mostly because the prosecution was not prepared. The accused was never absent at
these aborted hearings. He was prepared to be tried, but either the witnesses against him were not present, or the
prosecutor himself was absent, or the court lacked material time. Meantime, the charges against him continued to
hang over his head even as he was not given an opportunity to deny them because his trial could not be held.