Dasmarias Garments Inc v Reyes

Use of depositions

Facts:

American President Lines, Ltd. (APL) led a complaint in the RTC for a sum of money
against Dasmarinas Garments Inc (Dasmarinas), and attorneys fees. Dasmarinas answered, denying any
liability with APL. Trial was scheduled and a witness was presented by APL, after which the casewas
reset on May 3 to receive two more witnesses on APLs behalf. On May 3, instead of presenting its
two witnesses, but instead prayed that this court allow the issuance of Letters Rogatory to take
depositions of two Taiwan nationals. Dasmarinas opposed stating that the issuance of letters rogatory is
not needed since the witnesses can be examined by Philippine courts. That the Rules of
Court expressly require that witness testimony must be taken orally in an open court. That Such motion is
fatally defective because it does not seek that a foreign court examine a person in its jurisdictions.
RTC resolved the rogatory issue in favor of APL, deposition will be coursed through a private
entity, Asian Exchange Center, Inc. (AEC) and such motion for reconsideration by Dasmarinas is also
denied. RTC stated that the MR led out of time, that in any case, the RTC opined that the private
entity which the deposition will be coursed through is an authorized Phil. Representative and may
take testimonies of witnesses but only in writing so the plainti couldcross-examine .Dasmarinas
appealed to CA, but was denied. MR also denied. Hence this petition

Issue:
W/N foreign depositions may be taken by a private entity.

Held:
Yes, but with qualications.

Where the deposition is to be taken in a foreign country where the Philippines has no "secretary
or embassy or legation, consul general, consul, vice-consul, or consular agent," then obviously it may be
taken only "before such a person or officer as may be appointed by commission or under letters rogatory.

In the case at bar, the RTC has issued a commission to the Asian Exchange Center thru Director Roces. It
also appears that the commission is to be coursed through the DFA to course all requests for the taking of
deposition of witnesses residing abroad to enable it and the Phil Foreign Service establishments to act on
the matter in a judicious and expeditious manner to avoid delay in the deposition-taking.

That the deposition-taking will take place in a foreign jurisdiction not recognized by the Philippines in
view of the one-China Policy is inconsequential. what matters is that the deposition is taken before a
Philippine official acting by authority of the Phil DFA and in virtue of a commission duly issued by the
Phil Court, in accordance with the Phil Rules of Court, pursuant to which opportunity for cross-
examination of the deponent will be fully accorded to the adverse party.