Conditional Examination or Deposition When Bail Cannot Be Procured or Witness Leaves the Philippines
- If the witness cannot procure bail or must leave the Philippines without a definite return date, the court may order immediate conditional examination or deposition.
- The examination must be by question and answer, conducted in the presence of the defendant or after giving the defendant one-hour notice.
- The procedure mirrors trial examination.
- Nonattendance by prosecution or accused after proper notice is deemed a waiver.
Admission of Deposition as Evidence
- Statements or depositions taken under this section may be admitted as evidence for or against the accused.
- Upon completion of testimony, a detained witness must be discharged.
Testimony Taking by Municipal or Justice of the Peace Courts
- Municipal or justice of the peace courts, in preliminary investigations or trials, may take written testimony of material witnesses bound to leave the Philippines without return dates.
- Testimony is taken by question and answer in the presence of the accused or attorney.
- Testimony must be signed by the witness and certified correct by the judge.
- If an official stenographer is employed, the certified transcript suffices.
- The testimony can be admitted against the accused or the Government.
Effectivity
- The Act takes effect upon approval.