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In a case for murder, the Prosecution moves to conditionally examine a key eyewitness, Kai, who is presently in Canada and cannot attend the trial. The court grants the motion. The conditional examination is conducted in the judge’s chambers in the joint presence of the prosecutor and defense counsel, under oath, and the proceedings are recorded. During the conditional examination, Kai states that he saw the accused at the scene with a weapon and heard the accomplice say, “Finish him,” before the victim died. Kai later returns to the Philippines and testifies in court. During cross-examination, the defense points to inconsistencies between Kai’s courtroom testimony and statements made during the conditional examination.
(a) Was the conditional examination properly conducted under Rule 119? Explain the requisites and the controlling considerations.
(b) How may the testimony obtained during the conditional examination be used in the trial, particularly in relation to Kai’s live testimony? Discuss the permissible scope and limitations.
(c) If Kai’s live testimony contradicts his conditional examination, how should the court resolve the credibility and weight issues, and what role does the prior conditional examination play in evaluating the testimony?