The trial court cannot be faulted for refusing to countenance delays in the prosecution of the case. The Court's ruling in Tan v. People[23] is quite instructive, to wit:
An accused's right to "have a speedy, impartial, and public trial" is guaranteed in criminal cases by Section 14 (2) of Article III of the Constitution. This right to a speedy trial may be defined as one free from vexatious, capricious and oppressive delays, its "salutary objective" being to assure that an innocent person may be free from the anxiety and expense of a court litigation or, if otherwise, of having his guilt determined within the shortest possible time compatible with the presentation and consideration of whatsoever legitimate defense he may interpose. Intimating historical perspective on the evolution of the right to speedy trial, we reiterate the old legal maxim, "justice delayed is justice denied." This oft-repeated adage requires the expeditious resolution of disputes, much more so in criminal cases where an accused is constitutionally guaranteed the right to a speedy trial.
Following the policies incorporated under the 1987 Constitution, Republic Act No. 8493, otherwise known as "The Speedy Trial Act of 1998," was enacted, with Section 6 of said act limiting the trial period to 180 days from the first day of trial. Aware of problems resulting in the clogging of court dockets, the Court implemented the law by issuing Supreme Court Circular No. 38-98, which has been incorporated in the 2000 Rules of Criminal Procedure, Section 2 of Rule 119.
In Corpuz v. Sandiganbayan, the Court had occasion to state -
The right of the accused to a speedy trial and to a speedy disposition of the case against him was designed to prevent the oppression of the citizen by holding criminal prosecution suspended over him for an indefinite time, and to prevent delays in the administration of justice by mandating the courts to proceed with reasonable dispatch in the trial of criminal cases. Such right to a speedy trial and a speedy disposition of a case is violated only when the proceeding is attended by vexatious, capricious and oppressive delays. The inquiry as to whether or not an accused has been denied such right is not susceptible by precise qualification. The concept of a speedy disposition is a relative term and must necessarily be a flexible concept.
While justice is administered with dispatch, the essential ingredient is orderly, expeditious and not mere speed. It cannot be definitely said how long is too long in a system where justice is supposed to be swift, but deliberate. It is consistent with delays and depends upon circumstances. It secures rights to the accused, but it does not preclude the rights of public justice. Also, it must be borne in mind that the rights given to the accused by the Constitution and the Rules of Court are shields, not weapons; hence, courts are to give meaning to that intent.
The Court emphasized in the same case that:
A balancing test of applying societal interests and the rights of the accused necessarily compels the court to approach speedy trial cases on an ad hoc basis.
In determining whether the accused has been deprived of his right to a speedy disposition of the case and to a speedy trial, four factors must be considered: (a) length of delay; (b) the reason for the delay; (c) the defendant's assertion of his right; and (d) prejudice to the defendant. x x x.
Closely related to the length of delay is the reason or justification of the State for such delay. Different weights
should be assigned to different reasons or justifications invoked by the State. x x x.
Exhaustively explained in Corpuz v. Sandiganbayan, an accused's right to speedy trial is deemed violated only when the proceeding is attended by vexatious, capricious, and oppressive delays. In determining whether petitioner was deprived of this right, the factors to consider and 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.
x x x x
We emphasize that in determining the right of an accused to speedy trial, courts are required to do more than a mathematical computation of the number of postponements of the scheduled hearings of the case. A mere mathematical reckoning of the time involved is clearly insufficient, and particular regard must be given to the facts and circumstances peculiar to each case.[24]
Here, it must be emphasized that private respondent had already been deprived of his liberty on two occasions. First, during the preliminary investigation before the MCTC, when he was incarcerated from November 18, 2004 to March 16, 2005, or a period of almost four months; then again, when an Information had already been issued and since rape is a non-bailable offense, he was imprisoned beginning June 27, 2008 until the case was dismissed on January 16, 2009, or a period of over 6 months. Verily, there can be no cavil that deprivation of liberty for any duration of time is quite oppressive. Because of private respondent's continued incarceration, any delay in trying the case would cause him great prejudice. Thus, it was absolutely vexatious and oppressive to delay the trial in the subject criminal case to await the outcome of petitioners' petition for transfer of venue, especially in this case where there is no temporary restraining order or writ of preliminary injunction issued by a higher court against herein public respondent from further proceeding in the case.
Hence, the Court does not find any grave abuse of discretion committed by the trial court in dismissing the case against private respondent for violation of his constitutional right to speedy trial.
x x x."
