G.R. No. 258894 - Glen Orda y Loyola vs. People

On December 19, 2000, the Department of Justice (DOJ) filed three Informations (Criminal Cases Nos. 119830, 119831, 119832) against Dante T. Tan for:

Employing manipulative devices in the purchase of Best World Resources Corporation (BW) shares (No. 119830).
Failing to file beneficial ownership statements with the Securities and Exchange Commission (SEC) (Nos. 119831, 119832).

Two related cases (Nos. 119828, 119829) were filed against Jimmy Juan and Eduardo G. Lim. A DOJ motion to consolidate all five cases was granted by the trial court.

On December 21, 2000, all five cases were raffled to Branch 153, Regional Trial Court (RTC) of Pasig City, presided by Judge Ygana.
Petitioner arraigned on January 16, 2001, pleaded not guilty. Pre-trial concluded on February 6, 2001; first trial date set for February 27, 2001.
At the initial hearing (Feb. 27, 2001), parties agreed to try Nos. 119831 and 119832 first; no evidence was presented for No. 119830 until much later.

The prosecution completed direct evidence for Nos. 119831–119832 on September 18, 2001, and was ordered to file its formal offer within 30 days.
After several extensions, formal offers for Nos. 119831–119832 were filed on November 25, 2003. No evidence for No. 119830 had been presented from February 2001 to November 2003 (nearly 2 years and 8 months).

On December 2, 2003, petitioner moved to dismiss No. 119830 for violation of his right to speedy trial, alleging unjustified, oppressive delay and prejudice.
On December 22, 2003, the RTC granted the motion and dismissed No. 119830. A motion for reconsideration was denied on January 20, 2004.

The People filed a petition for certiorari before the Court of Appeals (CA), arguing implied agreement to defer No. 119830 and lack of abusive delay.
On February 22, 2006, the CA set aside the RTC dismissal, reinstated No. 119830, and ordered immediate further proceedings.
On July 17, 2006, the CA denied petitioner’s motions for reconsideration and inhibition.

Validity of the Acting DOJ Secretary’s signature on the certificate of non-forum shopping.
Alleged violation of his right against double jeopardy.
Proper dismissal of No. 119830 for violation of his right to speedy trial.
Alleged grave abuse of discretion by the trial court.

May the Acting Secretary of Justice validly execute the certificate of non-forum shopping in the People’s petition when the underlying complaint was signed by SEC officers?
Did the CA petition for certiorari violate petitioner’s right against double jeopardy?
Was Criminal Case No. 119830 correctly dismissed by the trial court for violation of the right to speedy trial?
Did the trial court commit grave abuse of discretion in dismissing Criminal Case No. 119830?