Case Digest (G.R. No. L-46576)
Facts:
Alfredo Ventura y Ylarde v. The People of the Philippines and Director Vicente Raval, G.R. No. L-46576, November 06, 1978, the Supreme Court Second Division, Fernando, J., writing for the Court. Petitioner Alfredo Ventura y Ylarde was arrested on May 27, 1968 and prosecuted in the Court of First Instance of Pangasinan for double homicide with serious physical injuries. He was convicted by the trial court on April 2, 1970 and perfected an appeal to the Court of Appeals (CA G.R. No. 11116-CA) on April 12, 1970.Petitioner remained in custody during the pendency of his appeal because portions of the trial record — specifically the stenographic notes prepared by stenographer Jaime T. Cortez — were missing. The Court of Appeals issued multiple resolutions from September 1, 1971 through July 28, 1977 attempting to secure the transcript: orders to show cause, fines, orders for arrest, transfer reports, and repeated directives to retake testimony with timelines for submission of new transcripts. Repeated efforts to compel compliance by Cortez and to complete the record proved only partially effective and several retaking schedules were set but not completed.
On July 28, 1977 petitioner filed a petition for writ of habeas corpus in the Supreme Court alleging denial of his constitutional right to a speedy disposition under Article IV, Section 16 of the 1973 Constitution. The Court issued the writ returnable to it (Aug. 3, 1977) and set hearings (Aug. 10–12, 1977). The Solicitor General filed a return (Nov. 9, 1977) recounting the Court of Appeals’ steps to complete the record, asserting the detention was by virtue of a valid judgment and that petitioner could have sought pr...(Subscriber-Only)
Issues:
- Does a writ of habeas corpus lie where the detention complained of is by virtue of a judgment of a court of record and an appeal is pending?
- Have the delays in the completion and disposition of petitioner’s appeal denied him the constitutional right to a speedy disposition of his case, thereby en...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)