People vs. Abatayo [G.R. No. 139456] Case Digest

 

People vs. Abatayo

G.R. No. 139456

 

Facts:

Adones Abatayo was charged for two counts of murder before RTC Mandaue City. During the Trial; the first witness for the prosecution was Juanito Gutang, whose direct examination was terminated during the trial of November 22, 1994. The appellants counsel commenced with his cross-examination of the witness, but later prayed for a resetting as he still had many questions for the said witness.The court granted the motion. However, during the continuation of the trial on January 23, 1995, Juanito failed to appear due to fever. The public prosecutor then asked the court to defer the further cross-examination of Juanito until he recovered from his illness. The appellant did not object. The court granted the motion, but warned the public prosecutor that if Juanito would not appear to continue with his testimony by the next trial date, his testimony would be stricken off the record. However, such warning was not contained in the order issued by the court on even date.

The prosecutor manifested that he was ready to offer his documentary evidence and rest his case thereafter.He offered in evidence the affidavit of Juanito as part of his documentary evidence on May 22, 1995. The appellant objected to the admission of the affidavit for the purpose for which it was offered.The court nevertheless admitted the affidavit and the public prosecutor rested his case.

RTC find the accused guilty beyond reasonable doubt for the allege crimes.

 

Issue:

Whether or not RTC is correct in not ordering the striking out of the entire testimony of the prosecution alleged eyewitness Juanito for the crime charged in view of his failure to allow himself to be further cross-examined.

 

Held:

Yes.

 

Ratio:

The right of a party to confront and cross-examine opposing witnesses in a judicial litigation, be it criminal or civil in nature, or in proceedings before administrative tribunals with quasi-judicial powers, is a fundamental right which is part of due process. However, the right is a personal one which may be waived, expressly or impliedly, by conduct amounting to a renunciation of the right of cross-examination. Thus, where a party has had the opportunity to cross-examine a witness but failed to avail himself of it, he necessarily forfeits the right to cross-examine and the testimony given on direct examination of the witness will be received or allowed to remain in the record.