1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly carefully perceive the reaction and deportment of Mary Jane as she answers each question propounded to her both by the prosecution and the defense. Indubitably, the constitutional rights of Cristina and Julius are equally safeguarded. The parameters laid down by the trial court are sufficient in detail ensuring that Mary Jane will give her testimony under oath to deter lying by the threat of perjury charge. She is still subjected to cross-examination so as to determine the presence of any falsehood in her testimony. Lastly, the guidelines enable the trial court judge to observe her demeanor as a witness and assess her credibility. Finally, it must be mentioned that a "dying declaration" is one of the recognized exceptions to the right to confrontation.[44] In the case at bar, it will not be amiss to state that Mary Jane's deposition through written interrogatories is akin to her dying declaration. There is no doubt that Mary Jane will be answering the written interrogatories under the consciousness of an impending death - or execution by a firing squad to be exact. To stress, Mary Jane has been convicted by final judgment and sentenced to death by firing squad. Mary Jane has already availed of all available legal remedies and there is no expectation that her conviction will be overturned by the Indonesian authorities. The only purpose for the grant of the reprieve was for Mary Jane to assist the prosecution in erecting its case against her recruiters and traffickers. There was nary any mention that the outcome of the legal proceedings here in the Philippines will have a concomitant effect in Mary Jane's conviction by the Indonesian authorities. That Mary Jane is facing impending death is undisputed considering the nature of her reprieve which is merely temporary. It is therefore not a stretch of imagination to state that Mary Jane's declarations in her deposition "are made in extremity, [she being] at the point of death, and x x x every hope of this world is gone; when every motive to falsehood is silenced and the mind is induced by the most powerful considerations to speak the truth,"[45] to vindicate oneself, and to secure justice to her detractors. All told, the Court finds reversible error in the assailed Decision of the Court of Appeals. It erred when it gave due course to the Petition for Certiorari of Cristina and Julius considering that the errors ascribed therein were mere errors of judgment which do not lie in a certiorari proceeding. More importantly, the trial court did not gravely abuse its discretion amounting to lack or excess of jurisdiction when it granted the taking of testimony of Mary Jane by way of deposition through written interrogatories in light of the conditions of Mary Jane's reprieve and her imprisonment in Indonesia. These are compelling reasons to liberally construe the procedural rules and apply suppletorily the Rules on Civil Procedure. Yet still, the fundamental rights, not only of the State, but also of the accused Cristina and Julius have been fully and equally protected and preserved in the pursuit of justice. WHEREFORE, the Court GRANTS the instant petition. The December 13, 2017 Decision of the Court of Appeals in CA-G.R. SP No. 149002 is REVERSED and SET ASIDE. The August 16, 2016 Resolution of the Regional Trial Court, Branch 88 of Sto. Domingo, Nueva Ecija, is REINSTATED and AFFIRMED with MODIFICATION that the deposition will be taken before our Consular Office and officials in Indonesia pursuant to the Rules of Court and principles of jurisdiction. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65855 19/22