4. Análisis de la narrativa de las Organizaciones no Gubernamentales
4.1. Análisis de la narrativa desde documentos escritos
Deponent may be examined regarding any matter that is:
1. Not privileged
2. Relevant to the subject of the pending action
3. Not restricted by court order for the protection of parties and deponents 4. Not meant to annoy, embarrass or
oppress the deponent or party
DEPOSITIONS AFFIDAVITS
1. Written
testimony of
witness in
course of
judicial
proceedings in advance of trial and hearing.
1. Mere sworn written
statements.
2. Opportunity
for
cross-examination.
2. No cross-examination.
3. Can be competent testimonial evidence.
3. Little probative value (hearsay).
Sec.3. Examination and Cross-Examination.
Examination and cross-examination or deponents may proceed as permitted at the trial.
Sec.5. Effectof Substitution of Parties.
Substitution of parties does not affect the right to use depositions previously taken.
Effect of Taking and Using Depositions General Rule: A person giving deposition does not become a witness of the party for whose benefit the deposition was taken.
Exception: If deposition or any part is introduced in evidence other than that of contradicting or impeaching the deponent, makes the deponent the witness of the party introducing the deposition.
Exception to the exception: The exception does not apply when the party making use of such is an adverse party.
Reason: Depositions are taken for discovery and not for use as evidence.
Sec. 6. Objections to Admissibility Made
Objections may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying subject to Ruler 23, Sec.29.
As to competency and relevancy of testimony
Objections to the competency of a witness or the competency, relevancy or materiality of testimony are not waived by failure to make them before or during the taking of the deposition,
Unless the ground of the objection is one which might have been obviated or removed if presented at the time.
Test to determine whether the ground of objection have been obviated:
Whether the objection will give the other party an opportunity to cure the deficiency of his proof.
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Example: The lack of qualification of an expert which may be cured by objecting at the time of the taking of the deposition.
As to form of notice and disqualification of officer
1. All errors and irregularities in the notice for taking a deposition are waived.
Unless written objection is promptly served upon the party giving the notice.
2. Objections to taking a deposition because of disqualification of the officer before whom the taking of the deposition begins or as soon as the disqualification becomes known or could be discovered with reasonable diligence (Riguera, 2013).
Sec. 10. Persons before whom depositions may be taken WITHIN THE PHILIPPINES.
1. Judge 2. Notary Public
3. Any person authorized to administer oaths if the parties so stipulate in writing.
Sec. 11. Persons before whom deposition may be taken IN FOREIGN COUNTRIES.
1. On notice, before a secretary of any embassy or legation, consul-general, consul, vice-consul, consular agent of the Philippines
2. Before such person or officer as may be appointed by commission or under letters rogatories
3. Any person authorized to administer oaths if the parties so stipulate
Letters Rogatory
An instrument sent in the name and by the authority of a judge or court to
another, requesting the latter to cause to be examined upon interrogatories filed in a cause pending before the former, a witness who is within the jurisdiction of the judge or court whom such letters are addressed
(DasmarinasGarmentsvs.Reyes,G.R.No.10 8229,August24,1993).
Sec.12.Commission or Letters Rogatory.
When issued
1. Only when necessary and convenient 2. On application and notice
3. On such terms and with such direction as are just and appropriate.
Commission Letters Rogatory 1. Issued to a
non-judicial foreign officer
who will
directly take the testimony.
1. Issued to the appropriate judicial officer of the foreign court who will direct another person in that country to take down testimony.
2. Rules of procedure of the requesting court shall apply.
2. Rules of procedure of the foreign court requested to act shall apply.
3. Resorted to if permission of the foreign
country is
given.
3. Resorted to if the execution of the commission is refused in the foreign country.
4. Leave of court is not necessary.
4. Leave of court is necessary.
Sec. 13. Disqualification by Interest.
Persons disqualified to take depositions 1. Relative within 6th degree of
consanguinity or affinity of any party
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2. Employee of any party 3. Counsel of any party
4. Relative within the same degree of party’s counsel
5. Employee of party’s counsel
6. Anyone financially interested in the action.
Sec. 14. .Stipulations regarding taking of Depositions.
The parties may stipulate in writing that depositions shall be taken before any person authorized to administer oaths in accordance with the Rules.
Section 15.Deposition upon Oral Examination.
Requisites:
1. Give notice to every other party to the action
2. Notice shall state the time and place for the taking of deposition and the names and address of each person to be examined, if known or if not known, then a general description sufficient to identify him.
Section 16. Order for the protection of parties and deponents.
After notice is served for taking a deposition by oral examination, upon motion seasonably made by any party or by the person to be examined for good cause shown, the court in which the action is pending may make an order that:
1. The deposition shall not be taken 2. It may be taken only at some
designated place other than that stated in the notice
3. It may be taken only on written interrogatories
4. Certain matters shall not be inquired into
5. The scope of the examination shall be held with no one present except the parties to the action and their officer or counsel
6. After being sealed the deposition shall be opened only by order of the court 7. Secret process, developments or
research need not be disclosed
8. The parties shall simultaneously file specified documents r information enclosed in sealed envelopes to be opened as directed by the court
9. The court may make any other order which justice requires to protect the party or witness from annoyance, embarrassment or oppression.
Section 17. Record of examination,
oath, objections.
The witness shall be placed under oath:
1. Testimony of the witness shall be recorded
2. The testimony shall be recorded stenographically unless parties agrees otherwise
3. All objections made, or the manner of taking it or evidence presented shall be noted by the officer
Section 18.When May Taking of Deposition Be Terminated Or Its Scope Limited.
At any time during the taking of depositions, on motion or petition of any party or of the deponent.
There must be a showing that:
a. Examination is being conducted in bad faith
b. In such manner as unreasonably to annoy, embarrass or oppress the deponent or party.
Section 19. Submission to Witness.
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The deposition shall be submitted to the witness for examination and shall be read to our by him, unless such examination and reading are waived by the witness and the parties.
Any change in form or substance which the witness desired to make shall be entered upon the deposition by the officer with a statement of the reasons of the witness for making them.
The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found refuses to sign.
Section 20. Certification and Filing by Officer.
The court may order the party giving notice:
1. To pay the other party the amount of the reasonable expenses incurred by him and his counsel
2. Including reasonable attorney’s fees.
Section 25. Deposition upon Written Interrogatories.
How made:
1. Serve upon every other party:
a. A notice stating the name and address of the party who is to answer them and
b. The name or descriptive title and address of the officer who is to take the deposition
2. The party so served may within 10 days from receipt of notice, serve cross-interrogatories upon the party proposing to take the deposition 3. Within 5 days thereafter, the latter
may serve re-direct interrogatories upon the party who has served cross-interrogatories.
Note: Within 3 days after being served with redirect interrogatories, a party may serve recross-interrogatories upon the party proposing to take the deposition.
Deposition Upon Oral Examination
Deposition Upon Written Interrogatories Questions
and answers are oral.
Questions are prepared already in advance and there is no personal confrontation with the witness.
Section 29. Effect of Errors And Irregularities In Depositions.
EFFECT
As to notice
Waived. Unless written interrogatories is promptly served upon the party giving the notice.
As to disqualification
of officer
Waived. Unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
As to competency or
relevancy of evidence
Not waived. Unless the ground of the objection is one which might have been obviated or removed if presented at that time.
As to oral Waived. Unless
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examination and other particular
reasonable objection thereto is made at the taking of the deposition.
As to form of written interrogatories
Waived. Unless served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories and within 3 days after service of the last interrogatories
authorized.
As to matter of preparation
Waived. Unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is or with due diligence might have been ascertained.