THE Court of Appeals (CA) has halted the lower court's decision to take the testimony of convicted drug trafficker Mary Jane Veloso.
On Monday, the appellate court's 11th Division has issued a 60-day Temporary Restraining Order (TRO) against the resolution of Sto. Domingo, Nueva Ecija Regional Trial Court (RTC) branch 88 Judge Anerica Castillo-Reyes in August 2016 allowing the prosecution lawyers to take the deposition of Veloso in Indonesia, where she is being detained since 2010.
The deposition, an alternative to Veloso's oral testimony before the Philippine court that is expected to be taken this April 27, is in relation to the human trafficking case filed against the individuals who allegedly recruited her to work in Indonesia.
The decision penned by CA Associate Justice Ramon Bato was released after Veloso's alleged recruiters Maria Cristina Sergio and Julius Lacanilao sought the intervention of the CA following the Nueva Ecija's dismissal of their motion to reverse the court's resolution.
The CA gave weight to the arguments raised by Sergio and Lacanilao that allowing the deposition will violate their right to face their accuser as guaranteed under the 1987 Constitution.
The two, represented by the Public Attorney's Office (PAO), also said in their petition that depositions are only allowed through written interrogatories under the Rules of Court, in civil cases, not in criminal cases.
The CA has also granted the petition filed by the Office of the Solicitor General (OSG) for an extension to file their answer to Sergio and Lacanilao's petition.
The CA gave the OSG until April 14 to explain why the court should lift its halt order against the deposition of Veloso.
Veloso was spared thrice of Indonesia's death row after her conviction for drug trafficking in October 2010. Veloso was caught carrying 2.6 kilograms of heroin.
At midnight of April 29, 2015, hours before her execution, Veloso was granted a stay of execution so she could act as a witness during the trial of her alleged illegal recruiters.
Veloso's one chance to leave the death row now rests on the successful prosecution of her alleged illegal recruiters in the Philippines. (SunStar Philippines)