1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly 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