Law School Noob: [CASE DIGEST] Conde v. Rivera (G.R. No. L-21741)

Friday, October 8, 2021

[CASE DIGEST] Conde v. Rivera (G.R. No. L-21741)

January 25, 1924

Aurelia Conde, petitioner,
Pablo Rivera, acting provincial fiscal of Tayabas, and Federico Unson, justice of the peace of Lucena, Tayabas, respondents

FACTS:

Aurelia Conde, formerly a municipal midwife in Lucena, Tayabas, was facing five criminal informations for various crimes and misdeamenors. She appeared with her witnesses and counsel at hearings for at least eight times, but all eight cases were postponed. Conde filed at least two writs for mandamus before the Supreme Court to compel the dismissal of the cases against her for violation of her right to a speedy trial. But even the Supreme Court took one year to act on her petitions.

ISSUE:

Whether postponements of the trial against Conde beyond a reasonable period of time may serve as a cause for the dismissal of the charges against her. -- YES.

HELD:

In all criminal prosecutions, the accused shall enjoy the right to have a speedy trial. Aurelia Conde, like all other accused persons, has a right to a speedy trial in order that if innocent she may go free, and she has been deprived of that right in defiance of law.

Where a prosecuting officer, without good cause, secures postponements of the trial of a defendant against his protest beyond a reasonable period of time, as in this instance for more than a year, the accused is entitled to relief by a proceeding in mandamus to compel a dismissal of the information, or if he be restrained of his liberty, by habeas corpus to obtain his freedom.

The Supreme Court issued the writ of mandamus in favor of Conde and ordered the Provincial Fiscal of Tayabas to abstain from further attempts to prosecute Conde. The Court also ordered that the charges against Conde be dismissed, with costs against respondent fiscal, and that administrative action be taken against said fiscal.

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