OCA CIRCULAR NO. 05- 2012, January 16, 2012
OCA CIRCULAR NO. 05- 2012, January 16, 2012
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TO :
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ALL JUDGES OF THE FIRST AND SECOND LEVEL COURTS
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SUBJECT :
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OBSERVANCE OF THE ONE-DAY EXAMINATION OF WITNESS RULE
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The National Police Commission (NAPOLCOM) Technical Committee on Crime Prevention and Criminal Justice (TCCPCJ) passed two (2) resolutions relative to (a) the continued appearance in court hearings of police officer-chemists as witnesses notwithstanding the acceptance by the defense and the prosecution of the evidence and technology, as well as the stipulation of the said evidence in court; and (b) giving priority in the witness stand to police officers who are witnesses in a particular case so as not to hamper the administrative and operational performance of the offices or units of the said police officers. In the aforementioned resolutions, the NAPOLCOM-TCCPCJ resolved to request the strict observance of the One-Day Examination of Witness Rule in cases where a police officer is called upon to appear before the court as witness
To address the concern of the NAPOLCOM-TCCPCJ and in the interest of crime prevention and administration of criminal justice, all trial court judges are hereby EXHORTED to observe the provision on One-Day Examination of Witness Rule under A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed by the Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures) in all cases particularly those involving police officers:
“i. Xxx. The One-Day Examination of Witness Rule, that is, a witness has to be examined in one (1) day only, shall be strictly adhered to subject to the court’s discretion during trial whether or not to extend the direct and/or cross-examination for justifiable reasons.”
16 January 2012.
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(SGD.)JOSE MIDAS P. MARQUEZ
Court Administrator |