Rolando L. Sergio Jr.

LS2019-00026

AURELIA CONDE vs. PABLO RIVERA

G.R. no. L-21741 January 25, 1924

FACTS

Aurelia Conde, who was a former municipal midwife, has been forced to
respond to no less than five information for various crimes, she has already
appeared in no less than eight different occasions with her witnesses and counsel
only for it to be postponed, and was twice required to come to the Supreme
Court for protection, but despite the passage of more than a year there has been
no clear solution for her troubles.

ISSUE

Whether or not Conde’s right to have a speedy trial has been violated.

RULING

Yes, under the law every person has the right to have a speedy trial. Cinde
was dismissed from her position as midwife, compelled to go to court numerous
times only to find the hearing has been arbitrarily postponed is a clear violation of
such right.

The Supreme Court held that when prosecuting officers without good cause
unduly delays or secure postponements to the trial beyond a reasonable amount
of time, the accused is entitled to relief by a proceeding in mandamus to compel a
dismissal of information or if he be restrained of his liberty, by habeas corpus to
obtain his freedom.

The Supreme Court ordered the provincial fiscal of Tayabas, Quezon to

abstain from any further attempt to prosecute Conde, and that the charges
against here were ordered to be dismissed.

I have learned that, every person has a right to a speedy trial, so that a
person accused may already serve out his sentence if found guilty or be acquitted
and released and no longer be subjected to stress and humiliation.