CASE DIGEST: MGen. Garcia v. Executive Secretary

 


MAJOR GENERAL CARLOS F. GARCIA, AFP (RET.), petitioner, vs. THE EXECUTIVE SECRETARY, representing the OFFICE OF THE PRESIDENT; THE SECRETARY OF NATION DEFENSE VOLTAIRE T. GAZMIN; THE CIEF OF STAFF, ARMED FORCES OF THE PHILIPPINES, GEN. EDUARDO SL. OBAN, JR., and LT. GEN. GAUDENCIO S. PANGILINAN, AFP (RET.), DIRECTOR BUREAU OF CORRECTIONS, respondents
G.R. No. 198554                    |          July 30, 2010

FACTS:

Garcia, tried by the Special General Court Martial NR 2, was charged with and convicted of violation of the 96th Article of War (Conduct Unbecoming an Officer and Gentleman) and violation of the 97th Article of War (Conduct Prejudicial to Good Order and Military Discipline) for failing to disclose all his assets in his Sworn Statement of Assets and Liabilities and Net worth for the year 2003 as required by RA 3019, as amended in relation to RA 6713.

Garcia, among others, argued that the confirmation issued by the OP directing his two-year detention in a penitentiary had already been fully served following his preventive confinement subject to Article 29 of the RPC (Revised Penal Code). He was released on December 16, 2010 after a preventive confinement for six years and two months. He was initially confined at his quarters at Camp General Emilio Aguinaldo before he was transferred to the Intelligence Service of the Armed Forces of the Philippines (ISAFP) Detention Center, and later to the Camp Crame Custodial Detention Center. Accused has been in confinement since October 18, 2004.

Hence, on September 16, 2011, or a week after the OP confirmed the sentence of the court martial against him, Garcia was arrested and detained and continues to be detained, for 2 years, at the maximum security compound of the National Penitentiary in Muntinlupa. The OP stated that Art 29 of the RPC is not applicable in Military Courts for it is separate and distinct from ordinary courts.

Hence, this petition.

ISSUE:

Whether or not Garcia’s right to speedy trial was violated

RULING:

No less than our Constitution guarantees the right not just to a speedy trial but to the speedy disposition of cases. However, it needs to be underscored that speedy disposition is a relative and flexible concept. A mere mathematical reckoning of the time involved is not sufficient. Particular regard must be taken of the facts and circumstances peculiar to each case. In determining whether or not the right to the speedy disposition of cases has been violated, the Supreme Court has laid down the following guidelines: (1) the length of the delay; (2) the reasons for such delay; (3) the assertion or failure to assert such right by the accused; and (4) the prejudice caused by the delay.

In this case, there was no allegation, whatsoever of any delay during the trial. What is being questioned by petitioner is the delay in the confirmation of sentence by the President. Basically, the case has already been decided by the General Court Martial and has also been reviewed by the proper reviewing authorities without any delay. The only thing missing then was the confirmation of sentence by the President. The records do not show that, in those six (6) years from the time the decision of the General Court Martial was promulgated until the sentence was finally confirmed by the President, petitioner took any positive action to assert his right to a speedy disposition of his case.

This is akin to what happened in Guerrero v. Court of Appeals, where, in spite of the lapse of more than ten years of delay, the Court still held that the petitioner could not rightfully complain of delay violative of his right to speedy trial or disposition of his case, since he was part of the reason for the failure of his case to move on towards its ultimate resolution.

Time runs against the slothful and those who neglect their rights. In fact, the delay in the confirmation of his sentence was to his own advantage, because without the confirmation from the President, his sentence cannot be served.


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