1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly the private complainant's deposition upon written interrogatories. Sec. 1, Rule 23 of the Revised Rules of Court specifically provides that the deposition of a person confined in prison may be taken only by leave of court upon such terms as the court prescribes; Third, in the case of People of the Philippines v. Hubert Jeffrey Webb xxx, the Supreme Court categorically declared that "due process is not a monopoly of the defense. The State is entitled to due process as much as the accused". To deny the motion of the Prosecution would result in a highly inequitable situation where the sole witness relied upon by the Prosecution to establish their case would be denied the opportunity to present her case due to procedural technicalities which are beyond her control; Fourth, the deposition sought by the Prosecution is specifically aimed at perpetuating the testimony of the private complainant, thus said deposition may be allowed at any stage of the proceedings and even on appeal pursuant to Rule 24 of the Revised Rules of Court in the separate opinion of former Chief Justice Hilario Davide in the previously cited case of People vs. Webb, be affirmed that depositions may be allowed in criminal cases and may be taken at any time after the commencement of the action whenever necessary or convenient, x x x; xxxx Fifth, the offense involved in this case, i.e. qualified human trafficking, is a major transnational crime committed across continents. Unlike the previously cited cases of Cuenco and Go where the offenses involved are non-index crimes (i.e., estafa and other deceits), the subject suit involves a major transnational crime that cuts across borders and is a principal policy concern among nations. Thus, the Court believes that the Prosecution should not be denied the opportunity to prove its case, thus assuring the global community that the Philippines is committed to fight such modern day menace[.][24] Indubitably, there was absence of any proof that the grant of the taking of deposition through written interrogatories by the trial court was made in an arbitrary, whimsical, and capricious manner. There was no patent abuse of discretion which was so gross in nature thereby amounting to an evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law.[25] What was only apparent in the instant case was that the trial court properly considered the extraordinary circumstances surrounding the plight of Mary Jane, in relation to applicable rules and jurisprudence. Suffice it to state that the Decision of the trial court was not without rhyme or reason. Clearly, there was an honest effort on the part of the trial court to support its ratiocination and conclusion based on facts and law. As already adverted, the case at hand is unprecedented. It involves novel issues and poses difficult questions of law. It is settled jurisprudence that "[a] doubtful or difficult question of law may become the basis of good faith and, in this regard, the law always accords to public officials the presumption of good faith and regularity in the performance of official duties, xxx Any person who seeks to establish otherwise has the https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65855 9/22