3019 by holding that the latter is limited only to

Info icon This preview shows pages 181–183. Sign up to view the full content.

View Full Document Right Arrow Icon
3019 by holding that the latter is "limited only to contracts or transactions involving monetary consideration where the public officer has the authority to intervene under the law." And, secondly, it does not help the State any that the term transaction as used in Section 3(b) of Republic Act No. 3019 is susceptible of being interpreted both restrictively and liberally, considering that laws creating, defining or punishing crimes and laws imposing penalties and forfeitures are to be construed strictly against the State or against the party seeking to enforce them, and liberally against the party sought to be charged. Clearly, the Sandiganbayan did not arbitrarily, or whimsically, or capriciously quash the information for failing to properly state the fourth element of the violation of Section 3(b) of Republic Act No. 3019. B. G.R. No. 189063 The Sandiganbayan did not commit any grave abuse of discretion in finding that there had been an inordinate delay in the resolution against respondents of the charge in Criminal Case No. SB-08-CRM-0266 Upon its finding that the Office of the Ombudsman had incurred inordinate delay in resolving the complaint Cong. Jimenez had brought against the respondents, the Sandiganbayan dismissed Criminal Case No. SB-08-CRM-0266 mainly to uphold their constitutional right to the speedy disposition of their case. But now comes the State contending that the delay in the resolution of the case against the respondents was neither inordinate nor solely attributable to the Office of the Ombudsman. Citing Mendoza-Ong v. Sandiganbayan, in which the Court held that speedy disposition of cases was also consistent with reasonable delays, the State supported its contention by listing the various incidents that had caused the delay in the investigation, and then laying part of the blame on the respondents themselves. The right to the speedy disposition of cases is enshrined in Article III of the Constitution, which declares: Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. The constitutional right to a speedy disposition of cases is not limited to the
Image of page 181

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
POLITICAL LAW CASE DIGESTS 181 accused in criminal proceedings but extends to all parties in all cases, including civil and administrative cases, and in all proceedings, including judicial and quasi-judicial hearings. While the concept of speedy disposition is relative or flexible, such that a mere mathematical reckoning of the time involved is not sufficient, the right to the speedy disposition of a case, like the right to speedy trial, is deemed violated when the proceedings are attended by vexatious, capricious, and oppressive delays; or when unjustified postponements of the trial are asked for and secured; or when without cause or justifiable motive a long period of time is allowed to elapse without the party having his case tried.
Image of page 182
Image of page 183
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern