FIRST DIVISION
[G.R. No. 218371. July 20, 2015.]
GREGORIO C. RULLODA,petitioner,vs. SANDIGANBAYAN [FIFTH DIVISION] AND PEOPLE OF THE PHILIPPINES,respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated July 20, 2015 which reads as follows:
"G.R. No. 218371 (Gregorio C. Rulloda v. Sandiganbayan [Fifth Division] and People of the Philippines). — After a judicious review of the records, the Court resolves to DISMISS the instant petition and AFFIRM the October 7, 2014 and February 16, 2015 Resolutions 1 of the Sandiganbayan (SB) for failure of petitioner Gregorio C. Rullada (petitioner) to sufficiently show that the SB committed grave abuse of discretion in denying his motion to dismiss grounded on his right to a speedy disposition of cases.
Withal, the right to a speedy disposition of cases is a relative or flexible rule which must be judiciously applied according to the peculiar facts and circumstances of each case. To determine if such right was infringed, the following factors must necessarily pass judicial scrutiny, viz. (a) the length of delay; (b) the reasons for the delay; (c) the assertion or failure to assert such right by the accused; and (d) the prejudice caused by the delay. 2 Notably, petitioner's failure to seasonably invoke such right and his concomitant failure to show that he was unduly prejudiced by the alleged delay in the preliminary investigation conducted by the Office of the Ombudsman warranted the denial of his motion.
SO ORDERED."SERENO, C.J., on official leave; PERALTA, J., acting member per S.O. No. 2103 dated July 13, 2015. LEONARDO-DE CASTRO, J., on official leave; LEONEN, J., acting member per S.O. No. 2108 dated July 13, 2015.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. See Minutes of the Proceedings; rollo, pp. 21-25 and 26-29, respectively. Approved by Associate Justices Roland B. Jurado, Alexander G. Gesmundo and Ma. Theresa Dolores C. Gomez-Estoesta.
2. Dela Peña v. SB, 412 Phil. 921, 929 (2001); citations omitted.