Case Digest: Vda de Manguerra vs. Risos, G.R. No. 152643, August 28, 2008

                           Rule 119: Trial, Deposition | Criminal Procedure

Facts:

Respondents Raul Risos, et. al. were charged with Estafa Through Falsification of Public Document for allegedly falsifying a deed of real estate mortgage by making it appear that Concepcion Cuenco Vda. de Manguerra, the owner of the mortgaged property known as the Gorordo property in Cebu, affixed her signature to the document.

Concepcion was unexpectedly confined in Manila during the proceedings.

Respondents filed a motion for suspension of the proceedings, arguing a prejudicial question in a related civil case on an action for declaration of nullity of the mortgage.

RTC granted the motion for suspension, which was later challenged by Concepcion in a special civil action for certiorari before the CA.

Concepcion's counsel filed a motion to take her deposition due to her weak physical condition and old age.

RTC: Granted. 

The court ratiocinated that procedural technicalities should be brushed aside because of the urgency of the situation, since Concepcion was already of advanced age

The deposition was taken after several motions for change of venue.

The respondents’ motion for reconsideration was denied by the trial court.

CA: Set Aside.

The examination of prosecution witnesses, as in the present case, is governed by Section 15, Rule 119 of the Revised Rules of Criminal Procedure and not Rule 23 of the Rules of Court. The latter provision, said the appellate court, only applies to civil cases.

 

Pursuant to the specific provision of Section 15, Rule 119, Concepcion’s deposition should have been taken before the judge or the court where the case is pending, which is the RTC of Cebu, and not before the Clerk of Court of Makati City; and thus, in issuing the assailed order, the RTC clearly committed grave abuse of discretion. 

The rationale of the Rules in requiring the taking of deposition before the same court is the constitutional right of the accused to meet the witnesses face to face. The appellate court likewise concluded that Rule 23 could not be applied suppletorily because the situation was adequately addressed by a specific provision of the rules of criminal procedure.

Issue:

WoN Rule 23 of the 1997 Rules of Civil Procedure applies to the deposition of the petitioner. (NO)

Held:

It is basic that all witnesses shall give their testimonies at the trial of the case in the presence of the judge. This is especially true in criminal cases in order that the accused may be afforded the opportunity to cross-examine the witnesses pursuant to his constitutional right to confront the witnesses face to face. It also gives the parties and their counsel the chance to propound such questions as they deem material and necessary to support their position or to test the credibility of said witnesses. Lastly, this rule enables the judge to observe the witnesses’ demeanor.

This rule, however, is not absolute. As exceptions, Rules 23 to 28 of the Rules of Court provide for the different modes of discovery that may be resorted to by a party to an action. These rules are adopted either to perpetuate the testimonies of witnesses or as modes of discovery. In criminal proceedings, Sections 12, 13 and 15, Rule 119 of the Revised Rules of Criminal Procedure, which took effect on December 1, 2000, allow the conditional examination of both the defense and prosecution witnesses.

In the case at bench, in issue is the examination of a prosecution witness, who, according to the petitioners, was too sick to travel and appear before the trial court. Section 15 of Rule 119 thus comes into play, and it provides:

Section 15. Examination of witness for the prosecution. – When it satisfactorily appears that a witness for the prosecution is too sick or infirm to appear at the trial as directed by the court, or has to leave the Philippines with no definite date of returning, he may forthwith be conditionally examined before the court where the case is pending. Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him, shall be conducted in the same manner as an examination at the trial. Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused.

Petitioners contend that Concepcion’s advanced age and health condition exempt her from the application of Section 15, Rule 119 of the Rules of Criminal Procedure, and thus, calls for the application of Rule 23 of the Rules of Civil Procedure.

The contention does not persuade.

The very reason offered by the petitioners to exempt Concepcion from the coverage of Rule 119 is at once the ground which places her squarely within the coverage of the same provision. 

Rule 119 specifically states that a witness may be conditionally examined: 

1) if the witness is too sick or infirm to appear at the trial; or 

2) if the witness has to leave the Philippines with no definite date of returning.

Thus, when Concepcion moved that her deposition be taken, had she not been too sick at that time, her motion would have been denied. Instead of conditionally examining her outside the trial court, she would have been compelled to appear before the court for examination during the trial proper.

Undoubtedly, the procedure set forth in Rule 119 applies to the case at bar. It is thus required that the conditional examination be made before the court where the case is pending. It is also necessary that the accused be notified, so that he can attend the examination, subject to his right to waive the same after reasonable notice. As to the manner of examination, the Rules mandate that it be conducted in the same manner as an examination during trial, that is, through question and answer.

At this point, a query may thus be posed: in granting Concepcion’s motion and in actually taking her deposition, were the above rules complied with? The CA answered in the negative. The appellate court considered the taking of deposition before the Clerk of Court of Makati City erroneous and contrary to the clear mandate of the Rules that the same be made before the court where the case is pending. Accordingly, said the CA, the RTC order was issued with grave abuse of discretion.

We agree with the CA and quote with approval its ratiocination in this wise:

Unlike an examination of a defense witness which, pursuant to Section 5, Rule 119 of the previous Rules, and now Section 13, Rule 119 of the present Revised Rules of Criminal Procedure, may be taken before any "judge, or, if not practicable, a member of the Bar in good standing so designated by the judge in the order, or, if the order be made by a court of superior jurisdiction, before an inferior court to be designated therein," the examination of a witness for the prosecution under Section 15 of the Revised Rules of Criminal Procedure (December 1, 2000) may be done only "before the court where the case is pending."

Rule 119 categorically states that the conditional examination of a prosecution witness shall be made before the court where the case is pending. Contrary to petitioners’ contention, there is nothing in the rule which may remotely be interpreted to mean that such requirement applies only to cases where the witness is within the jurisdiction of said court and not when he is kilometers away, as in the present case. Therefore, the court may not introduce exceptions or conditions. Neither may it engraft into the law (or the Rules) qualifications not contemplated. When the words are clear and categorical, there is no room for interpretation. There is only room for application.

Petitioners further insist that Rule 23 applies to the instant case, because the rules on civil procedure apply suppletorily to criminal cases.

It is true that Section 3, Rule 1 of the Rules of Court provides that the rules of civil procedure apply to all actions, civil or criminal, and special proceedings. In effect, it says that the rules of civil procedure have suppletory application to criminal cases. However, it is likewise true that the criminal proceedings are primarily governed by the Revised Rules of Criminal Procedure. Considering that Rule 119 adequately and squarely covers the situation in the instant case, we find no cogent reason to apply Rule 23 suppletorily or otherwise.

To reiterate, the conditional examination of a prosecution witness for the purpose of taking his deposition should be made before the court, or at least before the judge, where the case is pending. Such is the clear mandate of Section 15, Rule 119 of the Rules. We find no necessity to depart from, or to relax, this rule. As correctly held by the CA, if the deposition is made elsewhere, the accused may not be able to attend, as when he is under detention. More importantly, 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 true when the witness’ testimony is crucial to the prosecution’s case.

While we recognize the prosecution’s right to preserve its witness’ testimony to prove its case, we cannot disregard rules which are designed mainly for the protection of the accused’s constitutional rights. The giving of testimony during trial is the general rule. The conditional examination of a witness outside of the trial is only an exception, and as such, calls for a strict construction of the rules.