G.R. No. L-20313 May 30, 1966
LAURO G. MARQUEZ, petitioner, vs. HON. GABRIEL V. VALERO as Judge, Court of First Instance of Sulu and PEOPLE OF THE PHILIPPINES, respondents.

FACTS

During the trial of Criminal Case No. 2639 for the killing of Meinhart Spielman, after the last defense witness had testified, the counsel for the accused, Lauro G. Marquez, manifested in open court a desire to postpone the hearing to take the depositions of additional witnesses. The counsel argued that because these witnesses resided beyond the 50-kilometer limit of the court’s coercive powers under Section 9, Rule 29 of the Rules of Court, depositions were necessary. The trial court treated this as a formal application for examination of witnesses before trial and denied it for non-compliance with then Section 4, Rule 115 (now Section 4, Rule 117) of the Rules of Court. The counsel subsequently filed an urgent written motion for leave to take depositions, reiterating the same grounds and citing supporting cases. The lower court again denied the motion but suggested the matter be brought to the Supreme Court, as there were no definite and conclusive legal provisions on the subject.

ISSUE

Whether the trial court correctly denied the accused’s motion for leave to take depositions of witnesses.

RULING

The Supreme Court dismissed the petition as moot and academic. The criminal case (Criminal Case No. 2639) in the Court of First Instance of Sulu had already been terminated with the acquittal of the accused, Lauro G. Marquez. Consequently, the question raised in the petition, which was only incidental to that criminal case, no longer required resolution. No costs were awarded.