OSG asks CA to lift injunction vs. Mary Jane Veloso’s testimony

The Office of the Solicitor General (OSG) has asked the Court of Appeals to reconsider its ruling stopping Mary Jane Veloso, the Filipina on death row in Indonesia, from testifying against her alleged recruiters in the Philippines.

In a 43-page motion filed on January 16, the OSG asked the CA'S 11th Division to set aside the reversal of Sto. Domingo, Nueva Ecija Regional Trial Court decision to allow Veloso to testify against Maria Cristina Sergio and Julius Lacanilao.

Veloso has accused Sergio and Lacanilao of duping her into bringing heroin to Indonesia, resulting in her arrest and conviction.

The OSG's motion also asked for the lifting and vacating of the temporary restraining order (TRO) imposed on Veloso's statement on May 22, 2017 after the defendants questioned the decision issued by Judge Anerica Castillo-Reyes.

In the same petition, the OSG asked for the dismissal of the instant petition against the use of Veloso's statement in the hearing against the defendants.

"Unusual predicament"

According to the OSG, the CA ignored the extraordinary circumstances that lead to Veloso's imprisonment in Indonesia.

"The People respectfully submits that Mary Jane Veloso, a Filipina OFW convicted of drug trafficking in Indonesia and sentenced to death but granted retrieve, thus, remains under the custody of law in Indonesia, is suffering from an unusual predicament," the OSG said in its motion.

"Verily, her personal appearance before the trial court for the presentation of her testimony cannot be reasonably exepected owing to her detention in an Indonesian jail."

It also said taking Veloso's deposition will not violate the rights of Sergio and Lacanilao, as argued by the Public Attorney's Office (PAO) on their behalf.

Veloso, 33, was supposed to give her deposition on April 27, 2017 from Yogyakarta prison. PAO, however, argued that her deposition was against the constitutional rights of their clients and cited Section 14 paragraph 2 of the Bill of Rights, which gives, among others, an accused the right to a speedy, impartial, and public trial and meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence.

Indonesia's government delayed Veloso's execution by firing squad in 2015 to allow the court to process the case against Sergio and Lacanilao.

Gross injustice

The National Union of Peoples' Lawyers (NUPL), Veloso and her family's counsel in the Philippines, meanwhile lauded the OSG's move.

"We gladly welcome this position by the OSG on this specific case and particular issue as it is compatible and  is on all fours with our submission as Philippine counsels for Mary Jane and her family," said lawyer Edre U. Olalia, NUPL president.

According to Olalia, Sergio and Lacanilao have already "categorically and unequivocally" admitted that Veloso was a "victim" who did not know that her luggage contained heroin when she was arrested in 2010.

"Hence, to stop her from testifying is not only simply absurd and a gross injustice but is a matter of life and death for her," Olalia said.

Sergio and Lacanilao are facing qualified human trafficking, illegal recruitment and swindling charges. —KBK, GMA News