Question & AnswerQ&A (Commonwealth Act No. 432)
The purpose of Commonwealth Act No. 432 is to amend Section 62 of the Code of Criminal Procedure to provide for the taking of depositions or written sworn statements of material witnesses who have to leave the Philippines with no definite date of return, and to allow their admission as evidence in the trial of a case under certain conditions.
A judge may order a material witness to give bail when satisfied by proof or oath that there is reason to believe the witness will not appear and testify when required in court.
If the witness refuses to give bail, the court must commit him to prison until he complies with the bail order or is legally discharged.
A material witness can be conditionally examined or have their deposition taken if it satisfactorily appears that the witness cannot procure bail as directed or has to leave the Philippines with no definite date of return.
The examination or deposition must be by question and answer in the presence of the defendant, or after one hour notice has been served to the defendant to attend. It must be conducted in the same manner as an examination at trial.
Such failure or refusal shall be considered a waiver of their right to attend.
Yes, the statement or deposition may be admitted in behalf of or against the accused as evidence.
Once the testimony has been taken, the witness must be discharged if he has been detained.
The judge of a municipal court or justice of the peace court may order the testimony of a material witness who must leave the Philippines with no definite date of return to be taken in writing by question and answer in the presence of the accused or their attorney.
The testimony must be signed by the witness and certified correct by the judge. If an official stenographer is employed, the transcript duly certified by them will suffice. The testimony may be admitted against the accused or the government as applicable.