Atty. Julius Gregory Delgado

SPEEDY DISPOSITION OF REMULLA CASE: AN APPLICATION OF PAR. 4, SECTION 90 OF RA 9165 AND A.M. 15-06-10-SC FOR TRIAL IN DANGEROUS DRUG CASES TO BE FINISHED NOT LATER THAN SIXTY (60) DAYS FROM THE FILING OF INFORMATION AND THE DECISION BE RENDERED FIFTEEN (15) DAYS FROM DATE OF SUBMISSION OF THE CASE FOR RESOLUTION

We all thought that the trial and conviction of the late policeman who killed a mother and son in Paniqui, Tarlac was the fastest in recent memory. But people were shocked when last Friday, January 6, 2023, when the Regional Trial Court of Las Piňas, Branch 197, decided and acquitted Juanito Remulla III, son of the incumbent Secretary of Justice Boying Remulla, for violation of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act. The younger Remulla was accused and charged of possession of Dangerous Drugs for being a consignee and receiving a parcel containing nearly a kilo of Kush or Marijuana. 

This article will not delve on the merits of the case but the speedy manner it was decided and disposed of. People were too quick to condemn that it is because the accused is the son of the sitting SOJ who wields so much influence and power. However, I had the chance to talk to one of the counsel-of-record of the accused who simply said that they refused to waive the right of their client under the law for Dangerous Drugs cases to disposed of seventy-five (75) days from the filing of Information, sixty (60) days for the trial and a period of fifteen (15) days for the judge render a decision after the trial. Par. 4, Section 90 of RA 9165 provides:

“Section 90. Jurisdiction. – x x x

Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of the filing of the Information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case for resolution.”

This was further implemented by A.M. 15-06-10-SC or the Revised Guidelines for Continuous Trial in Criminal Cases wherein the same period was reflected in the flow chart of Dangerous Drugs cases. Moreover, Section 16 (a) of A.M. 15-06-10-SC provides that while generally promulgation should be within ninety (90) days after submission of the case for resolution, there is an exception when Special Rules and other laws provide for a shorter period. Under par. 4, Section 90 of RA 9165, decision on Dangerous Drugs cases should be within a period of fifteen (15) days from the date of submission of the case for resolution.