Sie sind auf Seite 1von 3

CIVIL PROCEDURE

RULE 23, SEC. 19-21


The following are the things that the officer who took the deposition shall do after taking
the deposition of a person, to wit:

a. The deposition shall be submitted to the deponent for examination;


b. The deposition shall be read to or by him, unless such examination and reading are waived by the witness and
the parties;
c. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the
officer with a statement of the reasons given by the witnesses for making them;
d. 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 or refuses to sign;
e. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver
or of the illness or absence of the witness or the fact of refusal to sign together with the reason, if any, given
therefor;
f. He shall certify on the deposition that the witness was duly sworn to by him and that it is a true record of the
testimony of the witness, and then he shall securely seal the deposition in an envelope, duly marked, and
promptly file it with the court where the action is pending; and
g. The officer taking the deposition shall give prompt notice of its filing to all the parties.

Section 19. Submission to witness; changes; signing. — When the testimony is fully transcribed, the deposition shall
be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are
waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be
entered upon the deposition by the officer with a statement of the reasons given by 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 or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the
record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the
reason be given therefor, if any, and the deposition may then be used as fully as though signed, unless on a motion to
suppress under section 29 (f) of this Rule, the court holds that the reasons given for the refusal to sign require rejection of
the deposition in whole or in part.

When the testimony is fully transcribed

General Rule: The deposition shall be submitted to the witness for examination and shall be read to or by him.

Exception: If such examination and reading are waived by the witness and by the parties

NOTE: A waiver of the examination and reading of the transcript of the deposition must be made by the witness
and by the parties.

Necessity of signing depositions

General Rule: Deposition shall be signed by the witness.

Exceptions

a. Parties by stipulation waive the signing; or


b. Witness is ill; or
c. Witness cannot be found; or
d. Witness refuses to sign.
When deposition is not signed by the witness

The officer shall sign it and shall state on the record the fact of: (1) the waiver; or (2) the illness; or (3)
absence of the witness; or (4) the fact of refusal to sign together with the reason given therefor, if any, and the
deposition may then be used as fully as though signed unless on a motion to suppress under Sec. 29 (f) of the
same rule, the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole
or in part.

Section 29 (f) of this rule which provides that:

Section 29. Effect of errors and irregularities in depositions. —

(f) As to manner of preparation. — Errors and irregularities in the manner in which the testimony
is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed,
or otherwise dealt with by the officer under sections 17, 19, 20 and 26 of this Rule are 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.

Section 20. Certification, and filing by officer. — The officer shall certify on the deposition that the witness was duly
sworn to by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal
the deposition in an envelope indorsed with the title of the action and marked "Deposition of (here insert the name of
witness)" and shall promptly file it with the court in which the action is pending or send it by registered mail to the clerk
thereof for filing.

Section 21. Notice of filing. — The officer taking the deposition shall give prompt notice of its filing to all the parties.

Failure to give notice of filing; effect:

In the case of Philippine National Bank vs. Olila, 98 Phil. 1002 (1956), the Court held that exhibits V and
W are the depositions of Teofilo Lasin and Catalina Jaravelo de Lasin who are the real payees of the treasury
warrants and which are disputed because certain requirements of the rules with regard to their taking had not
been complied with.

It is true that the justice of the peace who took the depositions failed to send to counsel the notice of the
sending of the depositions to the clerk of court as required by Section 21, Rule 18 (now Section 21, Rule 23) but
this is a mere defect in form which cannot affect the admissibility of said depositions. And the fact that the
depositions were signed only by said justice of the peace cannot also affect their validity unless said officer is
proven to be disqualified.