People vs. Sergio, G.R. No.

240053, October 9, 2019

FACTS:

 Cristina and Julius recruited Mary Jan Veloso as house help in Malaysia, however, upon arriving it was
found out that there was no available job and was offered a vacation to Indonesia. They provided her a
luggage that was found out to have heroin in the airport.
 Mary Jane Veloso was convicted of drug trafficking and sentenced to death by the Indonesian
Government.
 Pending fire execution, the illegal recruiters and traffickers namely, Cristina and Julius who recruited her
were apprehended and placed under police custody.
 On her basis of her affidavit, the Philippine Government requested the Indonesian Government to
suspend the scheduled execution of Mary Jane and that her testimony is vital in the prosecution of
Cristina and Julius.

ISSUE: CAN MARY JANE VELOSO, WHO WAS CONVICTED OF DRUG TRAFFICKING AND SENTENCED TO DEATH BY
THE INDONESIAN GOVERNMENT AND PRESENTLY CONFINED THEREAT, TESTIFY BY WAY OF DEPOSITION?

RULING:

 Yes. Nowhere in the present Rules on Criminal Procedure does it state how a deposition, of a
prosecution witness who is at the same time convicted of a grave offense by final judgment and
imprisoned in a foreign jurisdiction, may be taken to perpetuate the testimony of such witness. The
Rules, in particular, are silent as to how to take a testimony of a witness who is unable to testify in open
court because he is imprisoned in another country.
 Verily, in light of the unusual circumstances surrounding the instant case, the Court sees no reason not to
apply suppletorily the provisions of Rule 23 of the Rules on Civil Procedure in the interest of substantial
justice and fairness. Hence, the taking of testimony of Mary Jane through a deposition by written
interrogatories is in order.