The Manila Times

Mule’s plea to testify vs recruiters rejected

- JOMAR CANLAS

THE Court of Appeals (CA) on Friday set aside a ruling of a lower court in Nueva Ecjja that granted a plea of convicted drug mule Mary Jane Veloso to testify in a criminal case against her recruiters from her detention cell in Indonesia.

In an 18-page ruling, dated December 13, the CA’s 11th Division gave its nod to a petition for certiorari and prohibitio­n filed by Veloso’s alleged recruiters, Ma. Cristina Sergio and Julius Lacanilao to junk the ruling of the Nueva Ecija Regional Trial Court (RTC).

The decision was written by Associate Justice Associate Justice Ramon Bato Jr. and concurred in by Associate Justices Manuel Barrios and Renato Francisco.

The appellate court has just issued a temporary restrainin­g order and then an injunction order, which halted the taking of Veloso’s deposition.

With the latest ruling, the injunction order is now made permanent by the CA.

“Wherefore, the petition for certiorari and prohibitio­n is granted. The resolution­s dated 16 August 2016 and 3 November 2016 issued by Presiding Judge Anarica J. Castillo-Reyes [Branch 88] Regional Trial Court Santo Domingo, Nueva Ecija)... are reversed and set aside [the writ of preliminar­y injunction earlier issued is thus made permanent]”, the ruling stated.

Veloso is on death row in Indonesia for illegal drugs but her death sentence was held in abeyance upon the decision of Indonesian President Joko Widodo.

The CA ruled that while they “commiserat­e with the plight of Mary Jane and recognize the prosecutio­n’s need to take and perpetuate her testimony, unless and until the aforementi­oned constituti­onal and statutory provisions are revised, modified or amended, we have no other option but to apply the same.”

“We are not unmindful of the gravity of the offenses charged against the petitioner­s. 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 constituti­onality enshrined right of the petitioner­s to meet the witnesses face-to-face or the right of confrontat­ion and cross-examinatio­n. Especially since the cross-examinatio­n of a witness is an absolute right, not a mere privilege, of the party against whom he is called,” it said.

The CA has affirmativ­ely acted on a petition filed by the Public Attorney’s Office (PAO), led by lawyer Persida Acosta, in behalf of the accused Sergio and Lacanilao.

The deposition is meant to be used as evidence against the two recruiters who have been charged with qualified traffickin­g in persons filed by the family of Veloso.

The PAO had argued that the taking of deposition by written interrogat­ories of Veloso is in violation of the constituti­onal right of the petitioner­s to confront the witnesses against them face to face.

It believed that such proceeding­s are only allowed under Rule 23 of the Rules of Court in civil cases, not in criminal cases.

The supposed deposition will be administer­ed by Philippine consular officials in Yogyakarta, Indonesia, where Veloso is imprisoned and to be personally observed by the respondent judge.

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