Monday, September 24, 2018

PEOPLE v. MONET, Criminal Case No. 99458 for Libel


Republic of the Philippines
REGIONAL TRIAL COURT
8th Judicial Region
Branch 6
Bulwagan Ng Katarungan
Tacloban City

PEOPLE OF THE PHILIPPINES,
                                      Plaintiff,

-   versus -                                                    Criminal Case No. 99458
for Libel

OSCAR CLAUDE MONET
                                      Accused.
---------------------------------------------

OPPOSITION TO URGENT MOTION TO RESET HEARING WITH PRAYER FOR THE DISMISSAL OF THE INSTANT CASE

          Accused Oscar Claude Monet, by counsel, respectfully states:

1.       On September 11, 2018, plaintiff filed an urgent motion to reset the hearing set on September 12, 2018, at 8:30 a.m. on the ground that his first witness is not available on September 12, 2018.

2.        But accused must oppose the urgent motion and pray for the dismissal of the instant case.

3.     It will be recalled that the prosecution has moved for resetting of the hearings for six (6) times already since 2015, which the Court generously granted. The urgent motion to reset is again based on an equivocal ground that the first witness for the prosecution is not available. This is unjustified.

BACKGROUND

An Information for Libel with Damages was filed before this Court on June 26, 2014, against the accused, with John Ruskin as the private complainant. Sometime in February 2015, the pre-trial conference was conducted and the prosecution was scheduled to present its evidence and witnesses. However, for more than three (3) years now, the prosecution has failed to present its first witness.

ARGUMENT

A.               Sec. 4, Rule 15 of the Rules of
Court (Three-day Notice Rule)

          “Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least three (3) days before the date of hearing, unless the court for good cause sets the hearing on shorter notice.”

          The prosecution’s urgent motion to reset the hearing scheduled on September 12, 2018, was filed on September 11, 2018, or only one day before the scheduled hearing. This is a violation of the three-day rule notice under Section 4, Rule 15 of the Revised Rules of Court.

          “The rule is that a party asking for postponement has absolutely no right to assume that its motion would be granted, especially on less than three days’ notice, and must be in court prepared on the day of the hearing.” (Republic v. Sandiganbayan, et al., G.R. No. 123997, January 20, 1999)

B.               Sec. 10 of Supreme Court Circular
38-1998 (Factors for Granting Continuance)

 “x x x. No continuance under subparagraph (f) of Section 9 hereof shall be granted because of congestion of the court's calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the public prosecutor.”

In the urgent motion, the prosecution does not cite any justifiable reason(s) as to why the witness is unavailable and/or whether due diligence has been exercised by the prosecution to ensure availability of the witness considering that, three (3) years and six continuances later, it has failed to present its first witness. Fittingly, the urgent motion falls under the enumeration of factors in Section 10 of SSC 38-1998 where continuance shall not be granted and, therefore, must be denied.

C.               Sec. III (2) (d) of OCA Circular No. 101-2017, Revised
Guidelines for Continuous Trial of Criminal Cases

 “(d) Motion for Postponement. – A motion for postponement is prohibited, except if it is based on acts of God, force majeure or physical inability of the witness to appear and testify. If the motion is granted based on such expectations, the moving party shall be warned that the presentation of its evidence must still be finished on the dates previously agreed upon.”

The basis for postponement indicated in the urgent motion to reset hearing is that “the first witness for the prosecution is not available…”  However, the reason propounded by plaintiff does not fall under any of the exceptions to the prohibition on the Motion for Postponement, to wit: acts of God, force majeure or physical inability of the witness to appear and testify. A witness presumed being “not available” does not necessarily mean the existence of a “physical inability” to appear and testify. Non-availability could merely be due to the witness attending to a matter he perceives to be more important than testifying in court, which is a matter of choice, whereas physical inability signifies the impossibility of bodily appearing in court due to circumstances beyond his control.  

          Indeed, the rationale for the implementation of the Revised Guidelines for Continuous Trial of Criminal Cases (Revised Guidelines) is “to protect and advance the constitutional rights of persons to a speedy disposition of their criminal cases, to reinforce and give teeth to the existing rules on criminal procedure and other special rules prescribing periods for court action and those which promote speedy disposition of criminal cases.”

          Thus, Section 1 of the Revised Guidelines, which took effect 1 September 2017, provides that the guidelines “shall apply to all newly-filed criminal cases, including those governed by Special Laws and Rules, in the First and Second Level Courts, the Sandiganbayan and the Court of Tax Appeals as of effectivity date. The Revised Guidelines shall also apply to pending criminal cases with respect to the remainder of the proceedings.” Evidently, the Revised Guidelines apply in the instant case, pending since 2015 but the prosecution has yet to present its first witness. (underscoring supplied)

D.               Sec. 7 of SCC 38-1998
(Period from Arraignment to Trial)

“Notwithstanding the provisions of the preceding Sections 2 and 6 for the first twelve-calendar-month period following its effectivity, the time limit with respect to the period from arraignment to trial imposed by said provision shall be ... eighty (80) days.”

Here, the pre-trial conference was conducted sometime in 2015 and the prosecution was scheduled to present its evidence and witnesses. Three years have lapsed but trial has not commenced because the prosecution has not been able to present its first witness. Clearly, this is a violation of the limit imposed by Section 7 of SCC 38-1998 on the period from arraignment to trial.
A defendant has no duty to bring himself to trial; the State has that duty as well as the duty of insuring that the trial is consistent with due process.” (Coscolluela v. Sandiganbayan, G.R. No. 191411, Jul 15, 3013)

E.               Sec. 8 of SCC 38-1998
(Time Limit for Trial)

“In criminal cases involving persons charged with a crime, except those subject to the Rule on Summary Procedure, or where the penalty prescribed by law does not exceed six (6) months imprisonment, or a fine of one thousand pesos (P1,000.00) or both, irrespective of other imposable penalties, the court shall, after consultation with the public prosecutor and the counsel for the accused, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Court Administrator pursuant to Section 2, Rule 30 of the Rules of Court.”

The prosecution has moved to reset hearing for six (6) times already since 2015, which this Honorable Court has generously granted. For sure, the prosecution has taken advantage of the generosity of this Honorable Court and the acquiescence of the accused. These postponements, mostly for dubious reasons, has prolonged the time elapsed to three (3) years without the accused having his case tried, indeed a violation of the time limit for trial. 

          Jurisprudence dictates that the right is deemed violated only when the proceedings are attended by vexatious, capricious, and oppressive delays; or when unjustified postponements of the trial are asked for and secured; or even without cause or justifiable motive, a long period of time is allowed to elapse without the party having his case tried.” (Roquero v. Chancellor of UP-Manila, G.R. No. 181851, March 9, 2010)

F.                Sec. 3, Rule 17 of the Rules of Court
(Failure to Prosecute)

“If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint, or to prosecute his action for an unreasonable length of time, or to comply with these Rules or any order of the court, the complaint may be dismissed upon motion of the defendant or upon the court's own motion, without prejudice to the right of the defendant to prosecute his counterclaim in the same or in a separate action. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court.”

The time allowed to elapse in the instant case without the first prosecution witness appearing in court is unreasonable and violative of Section 3, Rule 17 of the Rules of Court. Since the pre-trial conference in 2015, a period of three (3) years, the prosecution has failed miserably to prosecute this case. Rather, it has resorted to postponement after postponement, to the prejudice of the accused. Since the filing of the Information in June 2014 the accused has suffered anxiety caused by the inordinate delay in the prosecution of this case. What is more, his professional reputation as a prominent local journalist of sterling credentials has been tainted by the allegations against him.

In Corpuz v. Sandiganbayan, the Supreme Court declared that “even if the accused is not imprisoned prior to trial, he is still disadvantaged by restraints on his liberty and by living under a cloud of anxiety, suspicion and often, hostility. His financial resources may be drained, his association is curtailed, and he is subjected to public obloquy.” (Corpuz v. Sandiganbayan, 484 Phil. 399, 917 (2004)

In citing several dismissed cases due to inordinate delay, the Supreme Court ruled in Remulla that “due to the manifest prejudice caused to the accused therein, the Court no longer gave weighty consideration to their lack of objection during the period of delay. It was emphasized in those cases that it was the duty of the prosecutor to expedite the prosecution of the case regardless if the accused failed to object to the delay.” (Remulla v. Sandiganbayan, G.R. 218040, April 17, 2017)

G.              Sec. 16, Article III of the 1987 Constitution

All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.”

Speedy disposition of cases is one of our constitutional rights enshrined in the Bill of Rights of the 1987 Constitution. The protection it guarantees is sacred and the right it bestows upon every person is inherent.  

In fact, the Supreme Court could never have been more emphatic in advancing the extensive protection guaranteed by the aforesaid constitutional provision when it acknowledged in Coscolluela that it is “one of three provisions mandating speedier dispensation of justice. It guarantees the right of all persons to ‘a speedy disposition of their case’; includes within its contemplation the periods before, during and after trial; and affords broader protection than Section 14(2), which guarantees just the right to a speedy trial. It is more embracing than the protection under Article VII, Section 15, which covers only the period after the submission of the case…” (Coscolluela v. Sandiganbayan, G.R. No. 191411, Jul 15, 3013)

The recital of the violation of statutes, jurisprudence and rules expounded in the preceding paragraphs vis-à-vis Section 16, Article III of the 1987 Constitution, leaves no doubt that the constitutional right of the herein accused to a speedy disposition of his case has been violated. Therefore, the Honorable Court has no other recourse but to dismiss the instant case.

PRAYER

          WHEREFORE, premises considered, accused respectfully prays of this Honorable Court to deny plaintiff’s urgent motion to reset the hearing of this case set on September 12, 2018, and to dismiss the instant case.

          Other relief just and equitable under premises is likewise prayed for.

          Respectfully submitted.

          September 11, 2018, Tacloban City.

By:


Atty. Pablo Ruiz Picasso
CABANACAN DALI and PICASSO
Counsel for Accused
Roll of Attorneys No. 72121
Lifetime IBP Membership No. 021212, 12/27/14
PTR No. 7654321, 01/15/18, Tacloban City
MCLE Compliance No. V-0012272.


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