CA affirms injunction on Mary Jane Veloso’s testimony


By JOSEPH TRISTAN ROXAS, GMA News
The Court of Appeals (CA) has affirmed its injunction on the testimony of Filipino death row inmate Mary Jane Veloso against the recruiters who allegedly tricked her into transporting illegal drugs to  Indonesia in 2010.
The CA said Reyes erred when she allowed the deposition of Veloso on April 27 in Yogyakarta Prison, saying the inmate must be present in the Philippines for the court to admit her testimony subject to a cross examination.
"We find that the petitioners have sufficiently established that the respondent judge has committed grave abuse of discretion when it granted the subject motion," the CA said.
PAO cited Section 14 paragraph 2 of the Bill of Rights, which gives, among others, an accused the right to a speedy, impartial, and public trial and meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence.
The CA sided with PAO lawyers, saying the imprisonment of Veloso in Indonesia imposes a "limitation on her mobility" to undergo a cross examination in the criminal proceedings.
"Clearly, to take the deposition of the prosecution witness elsewhere and not before the very same court where the case is pending would deprive a detained accused of his right to attend the proceedings," the court said.
The CA said it is "not unmindful of the gravity of the offenses charged against the petitioners. Likewise, we are not oblivious of the sad and unfortunate fate" of Veloso, who was sentenced to die by firing squad in April 2015.
The appellate court, however, said its first duty is to "apply the law." It said Veloso must be present in the Philippines before the court or at least before a judge where the case is pending so that lawyers can test her credibility.
"This is true especially in criminal cases where the Constitution secures to the accused his right to a public trial and to meet the witnesses against him face to face," the CA said.
"The requirement is the safest and most satisfactory method of investigating facts as it enables the judge to test the witness' credibility through his manner and deportment while testifying," it added. —KBK, GMA News

Comments

Post a Comment

Popular posts from this blog

PCG: China’s bullying in West Philippine Sea undermines international law --- Ghio Ong - The Philippine Star

MANILA, Philippines — Letting China sustain its aggression in the West Philippine Sea would make other countries doubt the strength of international law currently being asserted by the Philippines, Commodore Jay Tarriela of the Philippine Coast Guard (PCG) said. “Allowing China to blatantly disregard the established rules-based order threatens the very foundation that we all depend on,” he wrote in a post on X last Tuesday. He added, “If we permit this, countries worldwide may forget why this order was created in the first place. Nations could begin to doubt the significance of adhering to international law if powerful bullies can easily violate it.” Tarriela also said defiance of other countries to a rules-based order would result in the prevalence of cruelty. He wrote, “This could lead us back to a time when might makes right, undermining the global structures that keep human greed, savagery and barbarism in check. Such a scenario would not only invite challenges from aggressive ...
Read more

China ships maintain presence in key West Philippine Sea areas --- Michael Punongbayan - The Philippine Star

STAR / Michael Varcas MANILA, Philippines — While Chinese vessels in the West Philippine Sea (WPS) have decreased in number, they have maintained a presence in three key land features where naval and coast guard ships have intensified operations in the past seven days, according to the Philippine Navy. Latest monitoring by the Philippine Navy showed armed ships of the People’s Liberation Army Navy (PLAN) maintaining a menacing presence around the grounded BRP Sierra Madre in Ayungin Shoal, Panatag Shoal and Escoda Shoal. According to the Philippine Navy, there are 17 Chinese military vessels and 28 China Coast Guard (CCG) boats spotted inside the country’s exclusive economic zone (EEZ) between Sept. 23 and 30, or one vessel more than in the previous week Sept.17-23. Five of the warships were seen roaming around the vicinity of Escoda Shoal, along with 10 CCG vessels and 12 maritime militia vessels (MMVs). There are also two PLAN ships in Ayungin Shoal as well as 10 CCG boats and 12...
Read more

Social media seen as cause of rising intermarriages --- Helen Flores - The Philippine Star

MANILA, Philippines — The Commission on Filipinos Overseas (CFO) sees social media as the main reason for the rising number of Filipinos marrying or becoming partners of foreign nationals. In 2022, the CFO recorded 6,854 marriages or partnerships with foreign nationals, a 40.1 percent increase from the 4,891 “intermarriages” recorded in 2021. “First of all, what we see in the increase in the marriage rate of Filipinos or Filipinos with foreign partners is because of social media, (that) is number one; matchings; letters, introduction of their friends,” CFO chairperson Romulo Arugay said at the Bagong Pilipinas Ngayon public briefing yesterday. Arugay said the agency has been registering a high number of intermarriages since 2007, but the figures went down during the COVID-19 pandemic. From over 6,500 Filipinos who married foreign nationals, only 600 are men, he said. Most of them are married to Americans, Japanese, Germans, Canadians and Australians, Arugay said. Arugay warned Fi...
Read more