#### Facts:
– **Parties and Context:**
– Mary Jane Veloso (MJ), Maria Cristina P. Sergio (Cristina), and Julius Lacanilao (Julius) were friends and neighbors in Talavera, Nueva Ecija.
– Cristina and Julius offered MJ a job as a domestic helper in Malaysia, exploiting her dire economic situation.
– **Events Leading to the Crime:**
– Borrowing money and selling assets, MJ traveled to Malaysia with Cristina on April 21, 2010.
– Upon arrival, MJ was informed that the job was unavailable. Cristina then sent MJ to Indonesia with a promise of future employment and gave her a bag for the trip.
– On April 24, 2010, MJ was arrested at Yogyakarta Airport for carrying 2.6 kg of heroin in the bag, leading to charges of drug trafficking.
– **Legal Proceedings in Indonesia:**
– MJ was convicted in October 2010 by the Indonesian courts and sentenced to death, affirmed by higher courts.
– MJ was moved to Nusakambangan Island, awaiting execution.
– **Events in the Philippines:**
– Cristina and Julius were arrested and charged with multiple crimes, including qualified trafficking in persons and illegal recruitment.
– MJ’s affidavit was vital for the prosecution of Cristina and Julius, leading to a request by the Philippine government for MJ’s execution to be postponed.
– The Indonesian President granted an indefinite reprieve with specific conditions for MJ’s testimony to be taken in Indonesia.
– **Procedural Posture:**
– The Philippine prosecution filed a motion for deposition by written interrogatories for MJ’s testimony.
– The RTC granted the motion, but Cristina and Julius objected, resulting in a petition for certiorari to the Court of Appeals.
– The Court of Appeals reversed the RTC’s decision.
– The OSG filed a petition for review to the Supreme Court.
#### Issues:
1. **Jurisdictional Issue:**
– Did the Court of Appeals err in granting the writ of certiorari?
2. **Substantive Issue:**
– Can MJ’s testimony be validly acquired through deposition by written interrogatories without violating the constitutional right of confrontation?
#### Court’s Decision:
– **On Procedural Matters:**
– The Court held that the Court of Appeals erred in granting the writ of certiorari as the RTC did not commit any grave abuse of discretion. The errors claimed were errors of judgment, correctable by appeal, not certiorari.
– **On Substantive Matters:**
– **Inapplicability of Rule 119:**
– Section 15 of Rule 119, applicable to sick or departing witnesses, does not account for exceptional cases like MJ’s where a foreign imprisonment for a death sentence restricts her mobility.
– **Suppletory Application of Rule 23:**
– The Court allowed Rule 23 for deposition upon written interrogatories, given MJ’s unique situation. The cooperation via ASEAN Mutual Legal Assistance Treaty justifies this procedural adjustment.
– **Right to Due Process:**
– Denying MJ’s deposition undermines her due process rights and the State’s ability to prosecute effectively.
– **Right to Confrontation:**
– The RTC’s provisions, allowing comments and objections to written interrogatories and the judge’s presence during the deposition, sufficiently protect the accused’s confrontation rights. The written interrogatories closely align with the principles of a “dying declaration” due to MJ’s circumstances.
#### Doctrine:
– **Flexible Application of Procedural Rules:**
– Rules should be liberally construed to promote substantial justice, especially under extraordinary circumstances. Procedural rules are tools for an orderly administration of justice and should not impede substantial rights.
– **Balancing Rights:**
– Equal protection of the rights of both the State and the accused is critical. The right to due process and effective prosecution should be preserved alongside the constitutional rights of the accused.
#### Class Notes:
– **Key Concepts:**
– **Suppletory Application:** Civil procedure rules can supplement criminal proceedings in extraordinary situations.
– **Deposition by Written Interrogatories (Sec 23, Rule 23):** Permitted when witness mobility is severely restricted.
– **Right to Confrontation (Art. III, Sec 14(2), 1987 Constitution):** Primary purpose is cross-examination. Adequate mechanisms can uphold this right even without face-to-face encounter.
– **ASEAN MLAT (Art. 1, 2(a)):** Facilitates mutual legal assistance between member states, including the taking of evidence.
#### Historical Background:
The case exemplifies the transnational legal complexities in prosecuting crimes that span multiple jurisdictions. It underscores the evolution of judicial processes to adapt to global criminal activities, highlighting ASEAN’s regional cooperation in legal assistance. The balancing act required to uphold the due process rights of state prosecution and individual defense rights amid such extraordinary circumstances is pivotal in rendering comprehensive justice.
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