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Section 4.

Use of Depositions - At the trial or upon the hearing of a motion or an


interlocutory proceeding, 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:

(a) Any deposition may be used by any party for the purpose of contradicting or
impeaching the testimony of deponent as a witness;
(b) The deposition of a party or of any one who at the time of the taking the deposition
was an officer, director, or managing agent of a public or private corporation, partnership,
or association which is a party may be used by an adverse party for any purpose;
(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)
kilometres 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 exceptional circumstances exist as to
make it desirable, in the interest of justice and with due regard to the importance of
presenting the testimony of witnesses orally in open court, to allow the deposition to be
used; and

(d) If only part of a deposition is offered in evidence by a party, the adverse party may
require him to introduce all of it which is relevant to the part introduced, and any party may
introduce any other parts.

Taking of Depositions v. Use of Depositions


- There is utmost freedom in taking depositions while restrictions are imposed upon their

Fortune Corporation v. CA, GR 108119, January 19, 1994


Facts: Petitioner served the private respondent a Notice to Take Deposition Upon
Oral Examination notifying the latter that petitioner would take the deposition of the
chairman of the private respondent corporation, Juanito S. Teope. Private Respondent
filed an Urgent Motion Not to Take Deposition/Vehement Opposition to Plaintiff’s Notice
toTake Deposition Upon Oral Examination where one of the grounds is the availability of
the intended deponent to testify in open court if required. The Trial court ruled that the
deposition should not be taken on the grounds that the deposition of Juanito A. Teope
appears unwarranted since the proposed deponent had already responded to the written
interrogatories of the plaintiff and has signified his availability to testify in court.
SC: The right to take statements and the right to use them in court have been kept
entirely distinct. The utmost freedom is allowed in taking depositions; restrictions are
imposed upon their use. Hence, petitioner should be allowed to take the deposition of
Juanito A. Teope. However, such deposition is still subject to the restrictions on the use
of deposition as stated in Section 4 of Rule 23.

use.

Depositions may be used against:


1. Any party who was present or represented at the taking of the deposition; or
2. who had due notice thereof

Use of depositions at trial


Cardinal Rule: The deponent must be presented for oral examination in open court at the
trial or hearing.
- Any deposition offered during a trial to prove the facts therein set out, in lieu of the
actual oral testimony of the deponent in open court, may be opposed and excluded on
the ground of hearsay (Sales v. Sabino, GR. No. 133154, December 9, 2005).

A deposition may be used in all cases by any party of impeachment purposes.


[Section 4(a)]
Requirement:
How witness impeached by evidence of inconsistent statements - Before a witness
can be impeached by evidence that he has made at other times statements inconsistent
with his present testimony, the statements must be related to him, with the circumstances
of the times and places and the persons present, and he must be asked whether he made
the statements, and if so, allowed to explain them. If the statements be in writing they must
be shown to the witness before any question is put to him concerning them (Section 13,
Rule 132).

Depositions may be also used in:


1. In hearing of motions (Sec. 7, Rule 133)
2. bases for a summary judgment (Rule 35)
3. at the hearing of an interlocutory proceeding (Sec. 13, Rule 57 - covered under the
term “other evidence”)
Use of depositions for any purpose [Section 4(c)]
Situations wherein a deposition of a witness, whether a party or not a party, may be used
by any party for any purpose:
1. that the witness is dead
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
3. that the witness is unable to attend or testify because of age, sickness, infirmity, or
imprisonment
4. that the party offering the deposition has been unable to procure the attendance of the
witness by subpoena
5. upon application and notice, that such exceptional circumstances exist as to make it
desirable, in the interest of justice and with due regard to the importance of presenting the
testimony of witnesses orally in open court, to allow the deposition to be used

Procedure of offering a deposition as evidence:


1. A party can offer only a part of a deposition as evidence.
2. If objections are raised, the objecting party may require him to introduce all of it which
is relevant to the part introduced.
3. The court shall determine the competency, materiality and relevancy of the evidence
presented.

Section 5. Effect of substitution of parties - Substitution of parties does not affect the right
to use depositions previously taken; and, when an action has been dismissed and another
action involving the same subject is afterward brought between the same parties or their
representatives or successors in interest, all depositions lawfully taken and duly filed in the
former action may be used in the latter as if originally taken therefor.

A deposition previously taken can be used in a latter action provided, that:


1. Substitution of parties took place in an action; or
2. An action has been dismissed and another action was filed involving the same subject
and it involves the same parties or their representatives or successors in interest.

Section 6. Objections to admissibility - Subject to the provisions of section 29 of this rule,


objection 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 the present and testifying.

- At any rate, the admissibility of the deposition does not preclude the determination of its
probative value at the appropriate time. The admissibility of evidence should not be
equated with weight of evidence. The admissibility of evidence depends on its relevance
and competence while the weight of evidence pertains to evidence already admitted and
its tendency to convince and persuade (Ayala Land, Inc. v. Hon. Tagle, GR No. 153667,
August 11, 2005)

- Certiorari not a remedy against an order admitting or rejecting a deposition in evidence,


the remedy being an appeal from final judgment. (Dearing v. Fredwilson and Co.,
Inc.,1980)