G.R. No. 132577, August 17, 1999.
PEOPLE OF THE PHILIPPINES, petitioner, vs. HUBERT JEFFREY P. WEBB, respondent.

FACTS

Respondent Hubert Jeffrey P. Webb is an accused in Criminal Case No. 95-404 for Rape with Homicide pending before Branch 274 of the Regional Trial Court of Parañaque. During the proceedings, respondent filed a Motion To Take Testimony By Oral Deposition praying to take the testimonies of five individuals (Steven Bucher, Debora Farmer, Jaci Alston, Ami Smalley, and John Pavlisin) who are citizens and residents of the United States. The depositions were intended to be taken before the proper consular officer of the Philippines in Washington D.C. and California, as the witnesses were beyond the subpoena power of the court. Respondent cited Section 4, Rule 24 of the Revised Rules of Court, arguing their testimonies were material to establish his innocence. The prosecution opposed, contending that Rule 24, Section 4 does not apply to criminal cases, and that Rule 119, Sections 4 and 5 of the Rules on Criminal Procedure only provide for conditional examination of witnesses before trial, not during trial, and do not sanction examination outside Philippine jurisdiction. The trial court denied the motion and a subsequent motion for reconsideration. Respondent then filed a petition for certiorari with the Court of Appeals. The Court of Appeals granted the petition, annulled the trial court’s orders, and ordered the depositions to be taken. The People of the Philippines elevated the case to the Supreme Court via a petition for review on certiorari.

ISSUE

Whether the Court of Appeals erred in allowing the taking of depositions of the five witnesses in the United States under the Rules of Court.

RULING

The Supreme Court DENIED the petition and AFFIRMED the Decision of the Court of Appeals. The Court held that the taking of depositions is permissible in criminal cases under the Rules of Court. It ruled that Section 4, Rule 24 (now Section 4, Rule 23 of the 1997 Rules of Civil Procedure, made applicable to criminal cases by Section 2, Rule 119 of the 1997 Rules of Criminal Procedure) allows the use of a deposition if the witness is out of the Philippines, provided his absence was not procured by the party offering the deposition. Furthermore, Section 11, Rule 23 of the 1997 Rules of Civil Procedure, applicable via Section 2, Rule 119, expressly allows the taking of depositions in a foreign country before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the Republic of the Philippines. The Court found that the proposed witnesses were beyond the court’s jurisdiction and their testimonies were material to the defense. The Court also held that the right to due process includes the right to present evidence, and the conditional examination of witnesses under Section 5, Rule 119 is not the exclusive mode for presenting testimonies of unavailable witnesses; depositions under Rule 23 are also available. The trial court’s denial of the motion constituted grave abuse of discretion.