SC allows convicted Pinay’s deposition

THE Supreme Court (SC) on Friday allowed the taking of the testimony of convicted drug trafficker Mary Jane Veloso against her recruiters through a deposition while incarcerated in Indonesia.

The ruling penned by Justice Ramon Paul Hernando granted the petition for review on certiorari of Veloso’s parents under Rule 45 of the Rules of Court.

On April 25, 2010, Veloso was arrested when Indonesian authorities discovered 2.5 kilograms of heroin in her luggage upon arriving in the country. She was subsequently sentenced to death for drug trafficking. She was granted a stay of execution in 2015.

The ruling overturned an earlier decision of the Court of Appeals which issued a temporary restraining order against getting a deposition from Veloso, based on the petition of Cristina Sergio and Julius Lacanilao who were accused of placing drugs in Veloso’s luggage leading to her arrest.

The high court’s third division said to disallow the written interrogatories will curtail Veloso’s right to due process.

It pointed out that Veloso’s case is unusual because she cannot leave the Indonesian prison to testify against Sergio and Lacanilao.

In view of the current circumstances, the Supreme Court applied Rule 23 of the Rules on Civil Procedure, which allows depositions to be taken from persons outside the Philippines.

The deposition shall be taken in the presence of Philippine consular officials.