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Thursday, December 09, 2004
Supreme Court's oral order sparks stir among city judges
By Raquel C. Bagnol
SOME judges from the Regional Trial Court (RTC) and the Municipal Trial Court in Cities (MTCC) are having a hard time implementing an oral order to provisionally dismiss a case if the accused is not arrested within 30 days from the issuance of the arrest order.
Supreme Court (SC) administrator Presbitero Velasco based his oral order on Rule 117 Section 8 of the Revised Rules on Criminal Procedure.
MTCC executive Judge Daydews Villamor said he is not keen to enforce the directive issued by Velasco until he will be furnished a copy of the SC circular.
RTC Branch 17 is one of the courtrooms greatly affected by the oral order as more than 50 pending charges including heinous cases, like robbery, homicide, murder, kidnapping and rape were dismissed by Judge Renato A. Fuentes in connection with the SC directive.
Prior to this, Velasco also issued an order, which caused quite a stir in the judiciary department, in moving for the dismissal of the pending criminal charges remaining inactive since 1998.
The SC classifies a case as inactive or in legal parlance when the person accused remains at large.
(December 9, 2004 issue)
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