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Alaan
LE 105
Objective
The depositions are taken pending appeal with a view to their being used in
the event of futher proceedings in the court of origin or in the appellate
court.
The period within which the motion for leave of court to take
depositions pending appeal is the 15-day period from notice of final
judgment or order rendered by the court. The filing of the said motion
may either be:
Illustrative Example:
A: In such case the party who desires to perpetuate the testimony may:
i. Make a motion in the said court for leave to take the depositions;
Section 21. Notice of filing.- The officer taking the deposition shall give
prompt notice of its filing to all the parties
A: If the court finds that the perpetuation of the testimony is proper to avoid
a failure or delay of justice, it may:
(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 taking of
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;
In his separate opinion in the case of People v. Webb, G.R. No. 132577,
1999, citing Justice Regalado, Justice Davide stated the applicability of
Section 7, Rule 24 of the Rules of Court to criminal cases to wit:
“This Section, which was formerly Section 7 of Rule 134, applies to criminal
cases. (REGALADO F.D., REMEDIAL LAW COMPENDIUM, vol. 1, 1997 ed.,
322). According to Justice Regalado the procedure in Section 7 is available in
all actions, including criminal cases.