[ OCA CIRCULAR NO. 05- 2012, January 16, 2012 ]

[ OCA CIRCULAR NO. 05- 2012, January 16, 2012 ]

[ OCA CIRCULAR NO. 05- 2012, January 16, 2012 ]

TO :

ALL JUDGES OF THE FIRST AND SECOND LEVEL COURTS

SUBJECT :

OBSERVANCE OF THE ONE-DAY EXAMINATION OF WITNESS RULE

The National Police Commission (NAPOLCOM) Technical Committee on Crime Prevention and Criminal Justice (TCCPCJ) passed two (2) resolutions relative to (a) the continued appearance in court hearings of police officer-chemists as witnesses notwithstanding the acceptance by the defense and the prosecution of the evidence and technology, as well as the stipulation of the said evidence in court; and (b) giving priority in the witness stand to police officers who are witnesses in a particular case so as not to hamper the administrative and operational performance of the offices or units of the said police officers. In the aforementioned resolutions, the NAPOLCOM-TCCPCJ resolved to request the strict observance of the One-Day Examination of Witness Rule in cases where a police officer is called upon to appear before the court as witness

To address the concern of the NAPOLCOM-TCCPCJ and in the interest of crime prevention and administration of criminal justice, all trial court judges are hereby EXHORTED to observe the provision on One-Day Examination of Witness Rule under A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed by the Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures) in all cases particularly those involving police officers:

"i. Xxx. The One-Day Examination of Witness Rule, that is, a witness has to be examined in one (1) day only, shall be strictly adhered to subject to the court's discretion during trial whether or not to extend the direct and/or cross-examination for justifiable reasons."

16 January 2012.

(SGD.)JOSE MIDAS P. MARQUEZ Court Administrator