G.R. No. 181892 - Republic vs. Mupas

On October 10, 2004, the private complainant (AAA) was allegedly raped by respondent PO1 Rudyard Paloma y Torres at her boarding house in Sogod, Southern Leyte.
On October 25, 2004, AAA executed a sworn statement before an Investigator of the 8th Regional Office, PNP-CIDG Tacloban City.
The preliminary investigation started on November 4, 2004 before the Presiding Judge of the Municipal Circuit Trial Court (MCTC) of Sogod.
A warrant of arrest was issued, and respondent voluntarily surrendered on November 18, 2004 and was jailed.
Private respondent filed for bail on November 20, 2004; hearings began December 7, 2004, but the private complainant did not appear.
On March 16, 2005, MCTC allowed bail set at P200,000.00; private respondent posted bond and was released.

Following A.M. No. 05-8-26, case records were transmitted to the Provincial Prosecutor’s Office, Southern Leyte.
May 26, 2008, the Prosecutor’s Office found probable cause; an Information for rape was filed on June 11, 2008.
Warrant of arrest was issued; private respondent was detained on June 27, 2008.
RTC set arraignment originally on July 31, 2008 but was reset multiple times due to motions and non-appearances.

July 3, 2008, private respondent filed Motion to Admit Cash Bond; RTC reset proceedings to August 20, 2008.
On August 20, 2008, no prosecution appeared; RTC ordered public prosecutor and assistant to appear or case would be dismissed.
October 28, 2008, private complainant filed Motion to Cancel Hearing due to pendency of petition for transfer of venue.
October 31, 2008, RTC proceeded with arraignment despite non-appearance of private prosecutor; arraignment held with Provincial Prosecutor.
Pre-trial scheduled November 13, 2008 but reset to November 24, 2008 due to judge’s seminar.
November 24, 2008, private prosecutor again filed Motion to Cancel Hearing due to transfer petition; RTC denied motion.
Pre-trial proceeded discussing settlement, plea bargaining, witness numbers, and trial dates; initial hearing set for December 12, 2008.

December 12, 2008, prosecution failed to appear; motion to dismiss by respondent denied but hearing reset to January 16, 2009.
On January 16, 2009, prosecution again failed to appear; private prosecutor filed last-minute motion to reset hearing, which was denied by the RTC.
Due to repeated non-appearance and violation of the right to speedy trial of accused, RTC dismissed the case for failure to prosecute.

Petitioners filed Motion for Reconsideration, which the RTC denied on March 16, 2009.
Petitioners filed a Petition for Certiorari to the Supreme Court alleging grave abuse of discretion in dismissal of the case.

Whether or not the Regional Trial Court gravely abused its discretion in dismissing the criminal case for rape against private respondent due to failure of the prosecution to prosecute.
Whether the dismissal violates the constitutional right of the private complainant to have the case tried or results in double jeopardy for the private respondent.
Whether the pendency of petition for transfer of venue justifies the delay or exclusion of the delay from the computation for speedy trial purposes.