WE ARE familiar with the legal maxim “justice delayed is justice denied.” This may sound like a cliché but we always deal with this every single day.
Recently, news broke out that a double murder case against two brothers in Maguindanao was dismissed by a regional trial court. The ground for dismissal was “by prescription of the crime” because it took the prosecution more than two decades to file the case.
For the benefit of everyone, let me share a brief discussion of the facts of the case. In 2000, Sanday Ali and his driver in Buluan, Maguindanao were murdered in the former’s office. Ali was the treasurer of Buluan town at the time of his killing.
Mangudadatu siblings Ebrahim and Freddie were ordered arrested in connection to this murder case of their grandfather.
The crime happened on Feb. 15, 2000 and only this Sept. 8, 2021 that the prosecutors brought this matter to court. That is more than 20 years after the commission of the crime.
Under the Revised Penal Code (RPC), the penalty imposed for the crime of murder is reclusion perpetua or 20 years and one day to 40 years, but still indivisible penalty.
Article 90 of the RPC provides that “crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.”
Additionally, Article 91 provides that the “period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.”
In the case of People of the Philippines vs Mateo A. Lee, Jr. (G.R. No. 234618, Sept. 16, 2019), the Supreme Court held that “prescription is one of the modes of totally extinguishing criminal liability. Prescription of a crime or offense is the loss or waiver by the State of its right to prosecute an act prohibited and punished by law.”
Thus, the prescription period to file the double murder case had already lapsed.
Is there justice? Yes, but at times it is delayed justice. And not all are getting it.
There are a lot of things that need to be addressed in relation to this. So, it is imperative that the justice system be strengthened. Once access to our justice improves, other things will improve as well./PN
