Prevention of recantation of testimonies pushed

CEBU, Philippines - Cebu third district Rep. Gwendolyn Garcia has filed a bill providing for the speedy and effective perpetuation of testimonies of vital witnesses in the prosecution of criminal offenses to prevent recantation or substantial alteration.

Garcia authored House Bill 2385 which seeks to shorten the time lag between apprehension and trial so that the criminal offenders will not have the time to work on the witnesses.

”This inherent flaw in our criminal justice system - where it takes a long time, lasting up to several months, from apprehension to prosecution and trial, provides a window of opportunity for criminal offenders to work on witnesses against them in order to make then recant and repudiate their incriminating statements,” said Garcia in a statement.

Garcia said that even before the filing of the case, whatever happens to the witness afterwards, the testimony can still be used against the criminal offenders and thus avoid a miscarriage of justice.

”What is more painful is the fact that more often than not, these retractions or recantations have been obtained through force and intimidation, coercion, bribery or trickery,” Garcia noted.

The bill provides that the prosecutor shall, within three days from receipt of an affidavit, file a verified petition with the nearest Regional Trial Court for the perpetuation of the testimony of the witness.

Under the bill, the grounds which may allow prosecutors to petition for perpetuation of testimonies if the life or well-being of the witness is endangered or if they maybe forced, intimidated, coerced or unduly or wrongfully persuaded to recant or substantially alter his declaration.

Likewise, the prosecutor can take the testimony of the witness if he or she is about to depart from the Philippines or is seriously ill that he may not be available during the trial of the case arising from the crime referred to in the affidavit.

Upon the filing of the petition and during its pendency, the court may adopt measures that would insure the safety and security of the witness and secure his appearance at the hearing.

If the witness repudiates his affidavit or recants his statements therein or gives testimony contradicting or altering substantially the tenor of his affidavit, the proceeding shall be terminated and the petition dismissed without prejudice to the prosecution of the witness for perjury.

Likewise, if the witness affirms in substance the correctness and veracity of the statements in his affidavit, the prospective accused shall be directed to proceed, through counsel, to cross-examine the witness, in the same manner as in the trial of a criminal case.

Failure or refusal on the part of the accused to attend the hearing or to conduct the cross-examination shall be considered a waiver and he cannot be heard to complain against the regularity or validity of the proceeding in any criminal action arising from or connected with the testimony of the witness taken at said proceeding.

The bill also provides that after the cross-examination or in case of waiver thereof, the Court shall order the proceeding terminated and closed.

The witness, if under confinement, shall thereupon be ordered discharged, unless there are other just and valid reasons for his continued confinement.

Further, the bill provides that testimony cannot be subsequently repudiated or recanted by the witness and shall be admitted in evidence in the criminal case arising from or connected therewith without necessity of presenting said witness and the latter shall not be compelled to testify anew on the subject matter of his testimony. (FREEMAN)