SUMMARY OF CASES (Assigned Cases for Digest).docx

0005 they were not the only defendants added in the

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Assuming that these corporations are merely the res in SB Civil Case No. 0005, they were not the only defendants added in the Second Amended Complaint. Three (3) individual defendants, herein respondents Panfilo Domingo, Estate of Gregorio Licaros and Cesar Zalamea, were added as well. A careful reading of the Second Amended Complaint shows that the allegations against these three individual defendants, although involving principal respondent Lucio Tan and his companies, rest mainly on entirely different facts, were made on entirely different occasions and are separate and distinct from the other. They are also different from the acts committed by the 22 other individual defendants in the original complaint. The allegations against the additional defendants do not arise from their having acted as dummies or alter-egos of the principal respondents, but as government officials who facilitated Mr. Tans acquisition of private corporations despite non-compliance with legal requirements. It appears that the allegations in the Second Amended Complaint against these three defendants are not clear for they have adopted the corporate defendants Motion for a More Definite Statement or Bill of Particulars, and respondent Domingo prayed for a bill of particulars in his Omnibus Motion. The additional defendants should, at the very least, be given the opportunity to respond to the allegations against them and clarify the disputed facts before discovery procedures may be resorted to. Petitioner claims, however, that despite nonjoinder of issues, there exist special circumstances that warrant the taking of Mr. Gapuds deposition. Rule 24 entitled Depositions and Discovery was taken almost verbatim from Section V, Rule 26 (a) of the Rules of Civil Procedure for the District Courts of the United States which has the same heading. [19] Rule 26 (a) is likewise contained in the Federal Rules of Civil Procedure of the United States. Rule 26 (a) was however amended in 1948, [20] but prior to this amendment, the provision read: (a) When Depositions 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 party or not, may be taken at the instance of any party by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45. Depositions shall be taken only in accordance with these rules. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. [21] In Moores Federal Practice, it is stated that: As originally promulgated, Rule 26 (a) provided (1) that depositions might be taken after jurisdiction had been obtained over any defendant or over property which was the subject of the action and before an answer was served, only upon leave of court; and (2) that after an answer had been served depositions might be taken without leave of court.
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