1/5/2021
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No violation of the constitutional right
to confrontation of a witness
Similarly, the deposition by written interrogatories will not infringe the constitutional
right to confrontation of a witness of Cristina and Julius.
The right to confrontation of a witness is one of the fundamental basic rights of an
accused. It is ingrained in our justice system and guaranteed by no less than the 1987
Constitution as stated under its Article III, Section 14(2), to wit:
Section 14. (1) x x x
(2) In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved, and shall enjoy the right to be heard by himself
and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence
of the accused provided that he has been duly notified and his failure to
appear is unjustifiable. (Emphasis supplied)
The right to confrontation is part of due process not only in criminal proceedings but
also in civil proceedings as well as in proceedings in administrative tribunals with quasijudicial powers.[42] It has a two-fold purpose: (1) primarily, to afford the accused an
opportunity to test the testimony of the witness by cross-examination; and (2)
secondarily, to allow the judge to observe the deportment of the witness.[43]
True, Cristina and Julius have no opportunity to confront Mary Jane face to face in light
of the prevailing circumstance. However, the terms and conditions laid down by the trial
court ensure that they are given ample opportunity to cross-examine Mary Jane by way
of written interrogatories so as not to defeat the first purpose of their constitutional
right. To recall, the trial court requires Cristina and Julius, through their counsel, to file
their comment and may raise objections to the proposed questions in the written
interrogatories submitted by the prosecution. The trial court judge shall promptly rule
on the objections. Thereafter, only the final questions would be asked by the Consul of
the Philippines in Indonesia or his designated representative. The answers of Mary Jane
to the propounded questions must be written verbatim, and a transcribed copy of the
same would be given to the counsel of the accused who would, in turn, submit their
proposed cross interrogatory questions to the prosecution. Should the prosecution
raised any objection thereto, the trial court judge must promptly rule on the same, and
the final cross interrogatory questions for the deposition of Mary Jane will then be
conducted. Mary Jane's answers in the cross interrogatory shall likewise be taken in
verbatim and a transcribed copy thereof shall be given to the prosecution.
The second purpose of the constitutional right to confrontation has likewise been
upheld. As aptly stated in the terms and conditions for the taking of deposition, the trial
court judge will be present during the conduct of written interrogatories on Mary Jane.
This will give her ample opportunity to observe and to examine the demeanor of the
witness closely. Although the deposition is in writing, the trial court judge can still
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65855
18/22
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