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A. THE REVISED RULES ONCRIMINAL PROCEDUREAPPLY SUPPLETORILY TOTHE DEPOSITION SOUGHT.
1. The Honorable Impeachment Court has made it very clear. An
impeachment proceeding is akin to a criminal case and as such, it is the Revised
Rules on Criminal Procedure, which applies suppletorily in the instant proceedings.
Thus, it is a curiosity why the Prosecution invokes the Rules on Civil Procedure, as
in fact they did in their Notice to Parties' Deposition and Depositions Duces Tecum
dated 14 February 2012:
''The HOUSE OF REPRESENTATIVES, through itsPROSECUTORS, pursuant to the 1997 Rules of Civil Procedure, will takeyour deposition upon oral examinations on the dates and times indicated, inthe Senate of the Philippines, Roxas Blvd., Pasay City, pursuant to the 1997Rules of Procedure."
2. Rule 24 of Revised Rules of Civil Procedure finds no application in
the instant case as there is a specific provision the Rules of Criminal Procedure
concerning the depositions of witnesses in criminal cases, which is Section 15 Rule
119:
Sec. 15. Examination 0/ witness for the prosecution.- When it is satisfactorilyappears that a witness for the prosecution is too sick or infirm to appear atthe trial as directed by the court, of has to leave the Philippines with nodefinite date of returning, he may forthwith be conditionally examined beforethe court where the case is pending. Such examination, in the presence of theaccused, or in his absence after reasonable notice to attend the examinationhas been served on him, shall be conducted in the same manner as anexamination at the trial. Failure or refusal of the accused to attend theexamination at the trial. Failure or refusal of the accused to attend theexamination after notice shall be considered a waiver. The statement takenmay be admitted in behalf of or against the accused.
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3. Clearly, the Prosecution is lost in their wild fishing expedition for
evidence to pin down Chief Justice Corona. On its face alone, the Notice to
Parties' Deposition and Depositions Duces Tecum should be denied and stricken
from the record for being improper, impertinent and irrelevant.
B. The Prosecution is required toconvince the HonorableImpeachment Court that the
deponent is too sick or infirm orhas to leave the Philippines withno definite date of returning.
4. The Rules are clear. Prior leave of the Honorable Court is required
and necessary for the Prosecution to depose any witness. By express provision of
Section 15, Rule 119, the Prosecution is required to convince the Honorable
Impeachment Court that the witness i t seeks to depose is either (a) too sick or
infirm to appear at the trial as directed by the court, or (b) has to leave the
Philippines with no definite date of returning.
5. In the instant case, the Prosecution in a cavalier fashion never sought
the prior leave from the Honorable Court, and simply served Notices to take
Deposition and Deposition Duces Tecum. Indeed, the Prosecution has no t even
bothered to convince the Honorable Impeachment Court that its target-deponents,
Mr. Jay Francis P. Baltazar and Ms. Maria Rica N. Matute-Dineros, are either too
sick or inform as to be unable to appear and testify, or are leaving the country with
no definite dateof
returning.
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6. In addition, the witness to be deposed must be subpoenaed by the
Honorable Impeachment Court t o appear for the deposition. The Prosecution did
no t seek the issuance of subpoena for the deposition o f Mr. Baltazr and Ma.
Matute-Dineros. Consequently, the deposition set by the Prosecution on 16
February 2012 at 10:00 a.m. should be disallowed.
C. It is within the exclusive powerof the Impeachment Court to
conduct the conditionalexamination of witnesses.
6. Th e giving o f testimony during the trial is the general rule. Th e
conditional examination o f a witness outside the trial is only an exception. 1 This is
in accordance with the constitutional right o f the accused to meet his accuser face
to face and to allow the judge to observe the demeanor of the witness. In fact, the
Supreme Court in Cuenco Vd a De Anguerra, et aL v. Raule Risos, et aL2 ruled Judge
Codilla to have committed grave abuse o f discretion in directing the Clerk of Court
to conduct the examination o f Concepcion and affirmed the Court of Appeals
Decision, viZ':
"A t the outset, the CA observed that there was a defect in therespondents' petition by no t impleading the People o f the Philippines, anindispensable party. This notwithstanding, the appellate court resolved thematter on its merit, declaring that the examiuation o f prosecution witnesses,as in the present case, is governed by Section 15, Rule 119 o f the RevisedRules o f Crimiual Procedure and no t Rule 23 o f the Rules o f Court. Th elatter provision, said the appellate court, only applies to civil cases. Pursuantto the specific provision o f Section 15, Rule 119, Concepcion's depositionshould have been taken before the judge or the court where the case ispending, which is the RTC o f Cebu, and no t before the Clerk o f Court o f
Makati City; and thus, in issuing the assailed order, the RTC clearlycommitted grave abuse o f discretion. 18 era
1 Concepcion Cuenco Vda De angnef7"a and the Hon. Ramon C. CodiJJa. 11. Rank llisos, Snsana Yongco, LeahAbarque" andAtty. Gamaliel D.B. Bonje, G.R. No. 152643,28 August 2008.2 Supra.
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In its Resolution dated March 12, 2002 denying petitioner's motion forreconsideration, the CA added that the rationale of the Rules in requiting the takingof deposition before the same court is the constitutional right of the accused to meetthe witnesses face to face. Th e appellate court likewise concluded that Rule 23 couldno t be applied suppletorily because the situation was adequately addressed by aspecific provision of the rules of criminal procedure. 19
* * *
I t is true that Section 3, Rule 1 of the Rules of Court provides that the rulesof civil procedure apply to all actions, civil or criminal, and special proceedings. Ineffect, it says that the rules of civil procedure have suppletory application to criminalcases. However, it is likewise true that th e criminal proceedings are primarilygovemed by the Revised Rules of Criminal Procedure. Considering that Rule119 adequately an d squarely covers th e situation in th e instant case, we findno cogent reason to apply Rule 23 suppletorily or otherwise.
To reiterate, th e conditional examination of a prosecution wituess forthe purpose of taking his deposition should be made before th e court, or atleast before th e judge, where th e case is pending. Such is th e clear mandateof Section 15, Rule 119 of th e Rules. We find no necessity to depart from, or torelax, this rule. As correctly held by the CA, i f the deposition is made elsewbere, theaccused may no t be able to attend, as when he is under detention. More importandy,this requirement ensures that the judge would be able to observe the witness'deportment to enable him to properly assess his credibility. This is especially truewhen the witness' testimony is crucial to the prosecution's case.
While we recognize the prosecution's right to preserve its witness' testimonyto prove its case, we cannot disregard rules which are designed mainly for theprotection of the accused's constitutional rights. The giving of testimony during trialis the general rule. The conditional exantination of a witness outside of the trial isonly an exception, and as such, calls for a strict construction of the rules."(Emphasis supplied)
7. Th e Prosecution cannot deprive the Honorable Impeachment Court
of its exclusive power to determine whether or not conditional examination of
witnesses of the prosecution may be made and conduct the conditional
examination, by issuing mere Notices on 14 February 2012, 2 days prior to the
intended deposition date, or on 16 February 2012.
8. There is no clear showing why the deponents cannot be made to
attend the scheduled hearings for purposes of examination under oath.
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D. Conditional examination canonly be conducted in the samemanner as examination during trial.
9. The conditional examination of the witness for the prosecution can
only be conducted in the same manner as an examination during trial --- in the
presence of the accused, and only before the Honorable Impeachment Court. The
reason is simple; this is a matter of constitutional right of the accused to confront
his witnesses face to face. Then too, it will afford the parries and their counsel an
opportunity to pose their objections to questions and conduct cross-examination
upon the deponents. Then, too, this will allow the Honorable Impeachment Court
to observe the witnesses' demeanor and rule on objections raised by the
respondent CJ Corona and the admissibility of the testimony elicited from the
deponents.
10. It boggles the mind that the Prosecution, despite having been
presenting their witnesses and evidence in open court the past seventeen (11)
hearing days, should suddenly request for deposition of its intended witnesses-
even without prior leave of the Honorable Court.
10. Clearly, the Prosecution is trawling on murky waters by disregarding
the applicable rules, jurisprudence, the Orders of the Honorable Impeachment
Court, and even their own Memorandum.
E. Section 15 Ru1e 119 of theRevised Ru1es on Criminal
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Procedureconditional
only allows theexamination of the
witness and not documents.
11. There is another reason why the intended deposition should no t be
penrutted. Section 15 Rule 119 o f the Revised Rules o f Criminal Procedure does
no t allow the production or examination of documents.
12. Even on the mistaken invocation o f Rule 24 o f the Revised Rules o f
Civil Procedure, the said Rule also limits itself to examination of witnesses; it does
no t allow production and examination o f documents. In fact, the Revised Rules
of Civil Procedure has a separate rule on this --- Rule 27 on Production or
Inspection o f Documents or Things. There is no such species as a "deposition
duces temm" under the Rules o f Court!
F. To allow the deposition of Ms.Maria Rica N . Matute-Dineros'sviolates the constitutional right todue process o f respondent ChiefJustice Corona.
13. I t is a hornbook rule that the accused must be given due notice and
necessary knowledge as to the charges against hi m and the possible evidence and
witnesses to be presented, not only to give the accused ample opportunity to
prepare his defense, but also to hasten the trial and avoid surprises.
14. In fact, even the Honorable Impeachment Court required the
Prosecution to submit a list all their witnesses and documents to be presented
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during trial, which they did. Lead Prosecutor, Congressman Neil Tupas, Jr., even
manifested in open court that they submitted a "very detailed" list in compliance
with the Honorable Impeachment Court's Order. In this "very detailed" list the
name of Ms. Maria Rica N. Matute-Dineros does not appear.
15. The Prosecution is bound by its "very detailed" list and should not
be allowed to go on a fishing expedition to gather evidence in support of their
Complaint by calling for witnesses whose testimony has no t been characterized as
. To allow even the perpetuation of the testimony of a witness no t otherwise in
the prosecution's list is in total violation of the constitutional right to due process
of respondent Chief Justice Corona.
15. Consequently, the Notice to Parties' Oral Depositions and Depositions Duces
Tecum address to Ms. Maria Rica N. Matute-Dineros and Mr. Jay Francis P. Baltazar dated 14
February 2012 should be disallowed and stricken from the record.
PRAYER
WHEREFORE, it is respectfully prayed that the depositions by the Prosecution of Ms.
Maria Ria N. Matute-Dineros and Jay Francis Baltazar on 16 February 2012 be DISALLOWED
and the Notice to Parties' Oral Depositions and Depositions Duces Tecum addressed to Ms. Maria
Rica N. Matute-Dineros and Jay Francis P. Baltazar dated 14 February 2012, stricken from
record.
Respondent Chief Justice Corona further prays for such other relief as may be just and
equitable in the premises.
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In Makati for Pasay City, 16 February 2012.
Respectfully submitted:Counsel for Chief Justice Renato C. Corona.
JOSE M. ;Y III
PTR No. 03038311; 1/09/12; Makati CityIB P LR N 02570 August 20, 2001 (Lifetime)Roll of Attorneys No. 37065
MCLE Exemption No. 1-000176
DENNIS P. MANALOPTR No. 2666920; 5 January 2011, Makati City
IB P No. 839371; 3 January 2011, Makati CityRoll No. 40950, 12 April 1996
MCLE Compliance No. III-0009471, 26 April 2010
Copies furnished:
H o _ of Repre_at iveo ~ II'Batasan Complex '\Batasan Hills, Quezon CitySenators o f the Republic of the PhilippinesGSIS BuildingMacapagal HighwayPasay City
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