Sec. 16, Article III of the 1987 Constitution, reads: Sec. 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Initially embodied in Section 16, Article IV of the 1973 Constitution, the aforesaid constitutional provision is one of three provisions mandating speedier dispensation of justice. (Bernas, The 1987 Constitution of the Republic of the Philippines: A Commentary, 1996, p. 489.)It guarantees the right of all persons to a speedy disposition of their case; includes within its contemplation the periods before, during and after trial, and affords broader protection than Section 14(2), (1) which guarantees just the right to a speedy trial. It is more embracing than the protection under Article VII, Section 15, which covers only the period after the submission of the case. The present constitutional provision applies to civil, criminal and administrative cases. (Bernas, id., citing Talabon vs. Iloilo Provincial Warden, 78 PHIL 599). footnote: (1) Art. III, Sec 14 (2). In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. (Emphasis supplied)
Posted on: Wed, 21 Jan 2015 03:30:55 +0000
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