Guerrero vs CA

1996

Facts:
Francisco Guerrero is a pilot who allegedly through his negligence causes the improper
emergency landing which resulted to the instant death of 3 passengers. The incident happened
May 1969, due to several postponement, all filed by the petitioner the petitioner was able to
finally able to start presenting its evidence on sept. 1972 and he pleaded not guilty.
On January 1979 Judge Pardo ordered to file their memorandum; however the petitioner filed
his memorandum December 1979.
March 1990, the case was re-raffled to judge Aquino and ordered the parties to complete
transcript of stenographic notes but the same was found incomplete and needs retaking of
testimonies. On Nov 1990 filed a motion to dismiss on the ground that his right to speedy trial
was violated.
Issue:
Whether or not the right to speedy trial of the accused was violated?
Held:
The right to speedy trial is violated only where there is unreasonable, vexatious and oppressive
delay without the participation or fault of the accused or when the unjustified postponements
are sought which prolong the trial for unreasonable lengths of time.
In the present case, there is no question that the petitioner raised the violation against his own
right to speedy disposition only when the respondent trial judge reset the case for rehearing. It
is fair to assume that he would have just continued to sleep on his right-asituation amounting
to laches-had the RJ not taken the initiative of determining the non-completion of the records
and of ordering the remedy precisely so he could dispose the case.