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Using Depositions as Evidence in Philippine Courts: Know When Out-of-Court Testimony is Allowed

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TLDR: This case clarifies the rules for using depositions as evidence in Philippine courts, particularly when a witness is outside the country. Learn when a deposition can substitute live testimony and avoid potential evidentiary pitfalls in your legal proceedings.

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[G.R. NO. 133154, December 09, 2005] JOWEL SALES, PETITIONER, VS. CYRIL A. SABINO, RESPONDENT

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INTRODUCTION

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Imagine preparing for a crucial court case, only to find that a key witness is unavailable to testify in person. In the Philippines, the Rules of Court allow for depositions—written testimonies taken outside of court—to be used as evidence under specific circumstances. But when exactly are these depositions admissible? This Supreme Court case, Jowel Sales v. Cyril A. Sabino, provides valuable guidance on this often misunderstood aspect of Philippine civil procedure, particularly regarding witnesses who are overseas. At the heart of the dispute was whether the deposition of a witness who had left the Philippines was correctly admitted as evidence, highlighting the balance between ensuring fair trials and practical evidentiary considerations.

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LEGAL CONTEXT: RULE 23 AND THE USE OF DEPOSITIONS

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The admissibility of depositions in Philippine courts is primarily governed by Rule 23 of the Rules of Court, specifically Section 4, which details the “Use of Depositions.” Depositions, essentially testimonies taken out of court, serve as a mechanism to preserve evidence and make it available for trial, especially when witnesses cannot personally appear. However, Philippine courts prioritize live testimony, recognizing the importance of demeanor and direct cross-examination in assessing credibility. Therefore, depositions are generally considered an exception to the rule against hearsay and are admissible only under strictly defined conditions.

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Section 4, Rule 23 of the Rules of Court explicitly states:

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“SEC. 4. Use of depositions.—At the trial… any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any of the following provisions:

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(c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (1) that the witness is dead; or (2) that the witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his absence was procured by the party offering the deposition; or (3) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (5) upon application and notice, that such exception circumstances exist and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.”

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This rule aims to strike a balance. It acknowledges the preference for live testimony but pragmatically allows for depositions when witnesses are genuinely unavailable due to death, distance, illness, or being outside the Philippines. The crucial point is that the party offering the deposition must demonstrate to the court that at least one of these conditions is met. Failure to do so can lead to the deposition being deemed inadmissible hearsay, weakening a party’s case.

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CASE BREAKDOWN: JOWEL SALES VS. CYRIL A. SABINO

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The case arose from a vehicular accident that tragically resulted in the death of Cyril Sabino’s son. Sabino filed a damages suit against Jowel Sales, the driver of the vehicle involved. Prior to trial, Sabino’s legal team took the deposition of Buaneres Corral, a witness to the accident. Crucially, Sales’ lawyer actively participated in this deposition, even cross-examining Corral.

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During the trial at the Regional Trial Court (RTC) in Pasig City, Sabino presented Corral’s deposition as evidence, along with a certification from the Bureau of Immigration confirming Corral’s departure from the Philippines before the trial. Sales objected to the admission of the deposition, arguing that Sabino had not sufficiently proven Corral’s continued absence from the Philippines at the time the deposition was offered. Sales contended that merely showing Corral left the country at some point was not enough; Sabino needed to prove he was still abroad when the deposition was presented in court.

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The RTC, however, admitted the deposition. Sales then elevated the issue to the Court of Appeals (CA) via a petition for certiorari, claiming the RTC had gravely abused its discretion. The CA sided with the RTC, affirming the admissibility of the deposition. Unsatisfied, Sales brought the case to the Supreme Court.

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The Supreme Court upheld the decisions of the lower courts. Justice Garcia, writing for the Third Division, emphasized the evidentiary value of the Bureau of Immigration certificate. The Court reasoned:

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“The trial court had determined that deponent Bueneres Corral was abroad when the offer of his deposition was made. This factual finding of absence or unavailability of witness to testify deserves respect, having been adequately substantiated. As it were, the certification by the Bureau of Immigration – Exh.