G.R. No. L-1799; September 30, 1949
INDALECIO ELAGO, petitioner, vs. THE PEOPLE OF THE PHILIPPINES, respondent.

FACTS

Indalecio Elago was charged with frustrated corruption of a public official for offering and delivering a diamond ring to Major Dalton O’Brien, a medical officer of the Manila Police Department, to induce him to reopen Elago’s business, which had been closed due to unsanitary conditions and unlawful possession of U.S. government property. The trial court convicted him of frustrated corruption, but the Court of Appeals modified the conviction to attempted corruption. Elago appealed to the Supreme Court via certiorari, assigning errors primarily concerning the admission of depositions from Major O’Brien and Colonel Thomas McDade. These depositions were taken during the trial due to the prosecution’s claim that the witnesses, being American military officers, might be sent to the front lines. However, the deponents remained present in court throughout the subsequent hearings.

ISSUE

Whether the Court of Appeals erred in upholding the trial court’s admission of the depositions of Major O’Brien and Colonel McDade into evidence, despite their presence in court during the trial.

RULING

Yes. The Supreme Court reversed the decision of the Court of Appeals. It held that while the depositions were properly taken, they were inadmissible in evidence because the deponents were actually present in court when the depositions were offered. Under the rules of evidence, depositions are generally inadmissible if the witness is available to testify in person. The case was remanded to the Court of Appeals to consider the remaining evidence (excluding the depositions) and render a new decision based thereon.

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