3. Conditional Examination of Prosecution or Defense Witness

Examination of Witness Before Trial

Nowhere in the said rule (119) permits the taking of deposition (for the prosecution) outside the Philippines whether the deponent is sick or not. Certainly, to take the deposition of the prosecution witness elsewhere and not before the very same court where the case is pending would not only deprive a detained accused of his right to attend the proceedings but also deprive the trial judge of the opportunity to observe the prosecution witness' deportment and properly assess his credibility, which is especially intolerable when the witness' testimony is crucial to the prosecution's case against the accused. (Go v. People, G.R No. 185527, 2012)

However Go v. People is not applicable when the witness of the prosecution is currently imprisoned in another country, sentenced to death and is only awaiting execution by firing squad. The extraordinary factual circumstances surrounding the case warrant the resort to Rule 23 of the Rules of Court allowing deposition by written interrogatories. (People v. Sergio, G.R. No. 240053, 2019)

The Court shall encourage the following:

• For the Accused – Avail of Secs. 12 & 13, Rule 119 on the application for examination of witness for the accused before trial;
• For the Prosecution – Sec. 15, Rule 119 on the conditional examination of witness for the prosecution.