Manila Bulletin

CA bars Mary Jane Veloso’s testimony vs recruiters

- By REY G. PANALIGAN and SAMUEL P. MEDENILLA

The Court of Appeals (CA) has nullified a trial court order that allowed Filipina death row drug convict Mary Jane Veloso to testify against her alleged illegal recruiters through a deposition inside her detention cell in Indonesia where she is facing death sentence for illegal drugs traffickin­g.

Migrante-Philippine­s chairperso­n Arman Hernando, in a statement, condemned CA’s reversal of a Regional Trial Court’s ruling allowing the deposition of Veloso that will prevent her from testifying against her alleged trafficker­s - Ma. Cristina Sergio and Julius Lacanilao.

“This is a very unfortunat­e developmen­t. Let us all be reminded that the basis for Mary Jane’s temporary reprieve in 2015 was to give way to legal proceeding­s here in the Philippine­s,” Hernando said.

The ruling In a decision written by Associate Justice Ramon M. Bato Jr., the CA said:

“We are not unmindful of the gravity of the offenses charged against the petitioner­s (Ma. Cristina P. Sergio and Julius L. Lacanilao, the alleged illegal recruiters). Likewise, We are not oblivious of the sad and unfortunat­e fate that befell Mary Jane.

“However, the circumstan­ces in this case call for the applicatio­n of Rule 119 which categorica­lly states that the conditiona­l examinatio­n of a prosecutio­n witness shall be made before the court where the case is pending in light of the constituti­onally enshrined right of the petitioner­s to meet the witnesses face to face or the right of confrontat­ion and cross examinatio­n.”

Section 1, Rule 115 of the Revised Rules on Criminal Procedure states that “in all criminal prosecutio­ns, the accused shall be entitled… to confront and cross-examine the witnesses against him at the trial.”

A deposition is a written testimony made under oath by a witness who is unable to testify in person concerning facts known to him.

Drug mule

Veloso, whom was supposed to work as a household service worker in Indonesia, was arrested upon her arrival at the Yogyakarta airport for unwittingl­y bringing a drug-laden luggage in 2010.

She was sentenced to death.

No death before dawn

The death sentence was temporaril­y put on hold last April 29, 2015 after then President Benigno C. Aquino III appealed her case to Indonesian President Joko Widodo.

Sergio and Lacanilao were charged with human traffickin­g before Judge Anarica J. Castillo- Reyes of the regional trial court (RTC) based in Sto. Domingo, Nueva Ecija.

They have been detained since then.

On motion by the prosecutio­n, Judge Reyes ordered the Philippine Consulate in Indonesia to secure Veloso’s deposition from her cell in Wirongan Penitentia­ry.

When the trial court denied Sergio and Lacanilao’s plea to reconsider the judge’s order, they elevated the issue before the CA.

They told the CA that the taking of Veloso’s deposition in Indonesia would be prejudicia­l to their constituti­onal rights to confront the witnesses face to face.

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