SUMMARY OF CASES (Assigned Cases for Digest).docx

Deposition upon oral examination republic vs

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Deposition Upon Oral Examination REPUBLIC vs. SANDIGANBAYAN FACTS: Petitioner Republic of the Philippines, represented by the Philippine Commission for Good Government, filed before the Sandiganbayan a complaint for Reversion, Reconveyance, Restitution, Accounting and Damages. Petitioner filed a Motion for Leave To Take the Deposition of Rolando C. Gapud Upon Oral Examination in the Crown Colony of Hongkong. Petitioner alleged that Mr. Rolando C. Gapud, former financial adviser of President Marcos and his wife, was willing to testify on matters relevant to the subject of the case; that in view of the nature of his testimony and the personal risks Mr. Gapud was facing in assisting the government in the recovery of ill-gotten wealth, his testimony would be given only by deposition upon oral examination. Petitioner prayed that the court allow the taking of the testimony by deposition upon oral examination of Mr. Gapud before the Philippine Consulate in Hongkong, or in any other Philippine Foreign Office, and on such dates and time as may be agreed upon by the parties. Respondent Sandiganbayan denied petitioners Motion for Leave to Take Deposition of Rolando C. Gapud Upon Oral Examination in the Crown Colony of Hongkong. Respondent court held that the taking of deposition is premature because not all defendants have been summoned or have filed their answers to the complaint, and no special circumstances existed that warranted the taking of the deposition before service of answers. Hence, this petition. ISSUE: WON the deposition upon Oral Examination in the Crown Colony of Hongkong of Mr. Rolando Gapud should be allowed RULING: NO. First of all, a deposition, in its technical and appropriate sense, is the written testimony of a witness given in the course of a judicial proceeding, in advance of the trial or hearing upon oral examination or in response to written interrogatories and where an opportunity is given for cross-examination. A deposition may be taken at any time after the institution of any action, whenever necessary or convenient. Pending action, it is governed by Rule 24, Section 1 of the Rules of Court which provides: Section 1. Depositions pending action, when may be taken.By leave of court after jurisdiction has been obtained over any defendant or over property which is the subject of the action, or without such leave after an answer has been served, the testimony of any person, whether a
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party or not, may be taken, at the instance of any party, by deposition upon oral examination or written interrogatories. The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 23. Depositions shall be taken only in accordance with these rules. The deposition of a person confined in prison may be taken by leave of court on such terms as the court prescribes.
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