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Examination Of Defense Witness How Made


Section 13. Examination of defense witness; how made

DEPOSITION
   - It is the testimony of a witness taken upon oral questions or
     written interrogatories, in open court, but in pursuance of a
     commission to take testimony issued by a court, or under a
     general law or court rule on the subject, and reduced to writing
     and duly authenticated, and intended to be used in preparation
     and upon the trial of a civil or criminal prosecution.

PURPOSE OF TAKING DEPOSITIONS:
1. Greater assistance to the parties in ascertaining the truth and
   checking and preventing perjury
2. Provide an effective means of detecting and exposing false,
   fraudulent claims and defenses
3. Make available in a simple, convenient and inexpensive way, facts
   which otherwise could not be proved except with greater difficulty
4. Educate the parties in advance of trial as to the real value of
   their claims and defenses thereby encouraging settlements
5. Expedite litigation
6. Prevent delay
7. Simplify and narrow the issues
8. Expedite and facilitate both preparation and trial

WHO SHOULD MAKE THE EXAMINATION?
1. judge;
2. a member of the Bar in good standing so designated by the judge;
3. before an inferior court designated in the order of a superior court



Section 14. Bail to secure appearance of material witness

People v Montejo, 21 SCRA 722 (1967)
   - Even if the witness has been cited to appear before a court sitting
     outside of the province in which he resides and the distance is
     more than 50km (now 100km) from his place of residence by the usual
     course of travel, he is still bound by the subpoena. Rule 23 applies
     only in civil cases.

If the court is satisfied upon proof or oath that a material witness will
not testify when required, it may order the witness to post bail in such
sum as may be deemed proper. If the witness refuses to post bail, the
court shall imprison him until he complies or is legally discharged
after his testimony has been taken.



Section 15. Examination of witness for the prosecution

EXAMINATION OF WITNESS FOR THE PROSECUTION:
1. The witness for the prosecution may be conditionally examined by
   the court where the case is pending if said witness is:
   a. Too sick to appear at the trial; or
   b. Has to leave the Philippines with no definite date of return.
2. Such examination should be in the presence of the accused or in
   his absence after reasonable notice to attend the examination has
   been served on him.
3. Examination of child witnesses is tackled under the Rule on
   Examination of a Child Witness which took effect on December
   15, 2000.

Examination of Defense Witness vs. Examination of Prosecution Witness

   Examination of Defense Witness - Conducted before any judge, member
   of the bar in good standing or before any inferior court.
   No right to cross-examine.
   Maybe made if the witness resides more than 100 km. from the place
   of trial.

   Examination of Prosecution Witness - Conducted ONLY before the
   judge or the court where the case is pending.
   Right to cross-examine.
   Can not be made even if the witness resides more than 100 km.
   from the place of trial.













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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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