1/5/2021
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her face to face as provided under Section 14(2) of the 1987 Constitution. Finally, they
claimed that the prosecution's reliance on the Rules of Procedure for Environmental
Cases and the Judicial Affidavit Rule was misplaced because the affiants therein were
still subject to cross-examination.
Ruling of the Regional Trial Court:
In its Resolution dated August 16, 2016, the trial court granted the prosecution's
motion subject to the following conditions:
1. Considering that the Prosecution has already submitted their proposed questions
in the written interrogatories, the accused, through counsel, is given a period of
ten (10) days from receipt of this Resolution to submit their comment to the
proposed questions on the deposition upon written interrogatories for the witness
Mary Jane Veloso. Upon receipt of the Comment, the Court shall promptly rule on
the objections;
2. The Court shall schedule the taking of the deposition in Yogyakarta, Indonesia,
which shall be presided by the undersigned trial judge. The final questions for the
deposition (after ruling on the Defense objections), shall be propounded by the
Consul of the Philippines in the Republic of Indonesia or his designated
representative. The answers of the deponent to the written interrogatories shall
be taken verbatim by a competent staff in the Office of the Philippine Consulate in
the Republic of Indonesia;
3. The transcribed copy of the answers of the deponent shall be furnished the
accused, through counsel, who shall thereafter submit their proposed cross
interrogatory questions to the Prosecution within ten (10) days from receipt;
4. The Prosecution is given the same period often (10) days from receipt of the
proposed cross interrogatory questions of the Defense stating the ground for the
objections. Upon receipt of the comment, the Court shall promptly rule on the
objections:
5. The Court shall schedule the conduct of the cross interrogatory questions for the
deposition of Mary Jane Veloso in Yogyakarta, Indonesia, which shall be presided
by the undersigned trial judge. The final questions for the written cross
interrogatories (after ruling on the Prosecution's objections) shall be propounded
by the Consul of the Philippines in the Republic of Indonesia or his designated
representative. The answers of the deponent to the written cross interrogatories
shall be taken verbatim by a competent staff in the Office of the Philippine
Consulate in the Republic of Indonesia;
6. Unless the Prosecution opts to conduct re-direct written interrogatories, the
testimony of Mary Jane Veloso by way of deposition upon written interrogatories
shall be deemed terminated. In case the Prosecution propounds re-direct written
interrogatories on the deponent, the above-mentioned procedure for the conduct
of direct and cross interrogatories shall be observed.[8]
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