Case Digest

PEOPLE OF THE PHILIPPINES, vs.HUBERT JEFFREY P. WEBB

G.R. No. 132577, August 17, 1999, FIRST DIVITION (YNARES-SANTIAGO, J.)

HARRY L. GO, TONNY NGO, JERRY NGO AND JANE GO, vs. THE PEOPLE OF THE
PHILIPPINES and HIGHDONE COMPANY, LTD., ET AL
G.R. No. 185527, July 18, 2012, THIRD DIVISION (PERLAS-BERNABE, J.)

PEOPLE OF THE PHILIPPINES, PETITIONER, VS. MARIA CRISTINA P. SERGIO

AND JULIUS L. LACANILAO, RESPONDENTS.
G.R. No. 240053. March 21, 2022, SPECIAL THIRD DIVISION (HERNANDO, J.)

FACTS
Even granting arguendo that Rule 23 is to be exclusively applied to civil actions, the
taking of the deposition of petitioner's US-based witnesses should be still allowed
considering that the civil action has been impliedly instituted in the criminal action for rape
with homicide. Since public respondent has jurisdiction over the civil case to recover
damages, she exercised full authority to employ all auxiliary writs, processes and other
means to carry out the jurisdiction conferred and [to] adopt any suitable process or mode
of proceeding which includes the application of the rule on depositions pending action
under Rule 23 in the case pending before her.
The purposes of taking depositions are to: 1.] Give greater assistance to the parties
in ascertaining the truth and in checking and preventing perjury; 2.] Provide an effective
means of detecting and exposing false, fraudulent claims and defenses; 3.] Make available
in a simple, convenient and inexpensive way, facts which otherwise could not be proved
except with great difficulty; 4.] Educate the parties in advance of trial as to the real value of
their claims and defenses thereby encouraging settlements; 5.] Expedite litigation; 6.]
Safeguard against surprise; 7.] Prevent delay; 8.] Simplify and narrow the issues; and 9.]
Expedite and facilitate both preparation and trial. As can be gleaned from the foregoing, a
deposition, in keeping with its nature as a mode of discovery, should be taken before and
not during trial. In fact, rules on criminal practice — particularly on the defense of alibi,
which is respondent's main defense in the criminal proceedings against him in the court
below — states that when a person intends to rely on such a defense, that person must
move for the taking of the deposition of his witnesses within the time provided for filing a
pre-trial motion.
 The procedure for taking depositions in criminal cases recognizes the prosecution's
right to preserve testimonial evidence and prove its case despite the unavailability of its
witness. It cannot, however, give license to prosecutorial indifference or unseemly
involvement in a prosecution witness' absence from trial. To rule otherwise would
effectively deprive the accused of his fundamental right to be confronted with the witnesses
against him.
The examination of witnesses must be done orally before a judge in open
court.13 This is true especially in criminal cases where the Constitution secures to the
accused his right to a public trial and to meet the witnesses against him face to face. The
requirement is the "safest and most satisfactory method of investigating facts" as it enables
the judge to test the witness' credibility through his manner and deportment while
testifying. It is not without exceptions, however, as the Rules of Court recognizes the
conditional examination of witnesses and the use of their depositions as testimonial
evidence in lieu of direct court testimony.

ISSUE
Whether or not the on deposition applies to criminal cases.

RULING
Yes, they should allow. When a criminal case gets filed, the state must turn over
all the evidence it intends to use at trial to the defense. This is called the discovery
process. Once a defense attorney can see all the evidence that the state possesses, a
strategy can begin to form about how to proceed with the best defense. In cases where
the state is relying solely on testimony, the credibility of eyewitnesses is significant. The
first point at which an eyewitnesses’ credibility can be challenged is at a deposition.

A deposition is an important part of the litigation process. It is part of the pre-trial

discovery process where the oral testimony of a party is taken under oath before trial to
gather information. This process provides an opportunity for both sides to gather
information and ask questions under oath, outside of the courtroom.

One purpose of a deposition is to preserve the testimony of a witness who may have
relevant information for the case, but who may not be available to testify at trial. This
information can then be used by either party to help prepare for trial or to settle the case.

Depositions are most often used in personal injury cases to allow the plaintiff’s
attorney to question the defendant about the facts of the case and the defendant’s version
of events. The depositions can also be used to settle the case out of court by showing the
defendant what evidence the plaintiff has and what damages the plaintiff is seeking.
 This can be beneficial for several reasons. First, it allows attorneys to get a sense of
what the witness will be like on the stand. Second, it allows attorneys to ask follow-up
questions based on the answers given during the deposition. Finally, it may help to
encourage a settlement before trial, as both sides will have a better understanding of the
strengths and weaknesses of their case.