Guerrero vs CA

1996
Facts:
Francisco Guerrero is a pilot who allegedly through his negligence causes the
improper emergency landing which resulted to the instant death of 3 passengers.
The incident happened May 1969, due to several postponement, all filed by the
petitioner the petitioner was able to finally able to start presenting its evidence on
sept. 1972 and he pleaded not guilty.
On January 1979 Judge Pardo ordered to file their memorandum; however the
petitioner filed his memorandum December 1979.
March 1990, the case was re-raffled to judge Aquino and ordered the parties to
complete transcript of stenographic notes but the same was found incomplete and
needs retaking of testimonies. On Nov 1990 filed a motion to dismiss on the ground
that his right to speedy trial was violated.
Issue:
Whether or not the right to speedy trial of the accused was violated?
Held:
The right to speedy trial is violated only where there is unreasonable, vexatious and
oppressive delay without the participation or fault of the accused or when the
unjustified postponements are sought which prolong the trial for unreasonable
lengths of time.
In the present case, there is no question that the petitioner raised the violation
against his own right to speedy disposition only when the respondent trial judge
reset the case for rehearing. It is fair to assume that he would have just continued
to sleep on his right-asituation amounting to laches-had the RJ not taken the
initiative of determining the non-completion of the records and of ordering the
remedy precisely so he could dispose the case.