Jowel Sales vs.

Cyril Sabino Facts: Cyril Sabino filed a case for damages against Jowel Sales for the death of his son in a vehicular accident. Before any responsive pleading was filed, Cyril Sabino notified Jowel Sales that he will take the deposition of one Buanares Corral. Then after the deposition taking, Cyril Sabino formally offered the deposition of Buanares Corral as evidence. But during this time, Buanares Corral is no longer in the Philippines and to prove it, Cyril Sabino attached the certification from the Bureau of Immigration attesting to the May 28, 1996 departure for abroad of Buaneres Corral. But this was opposed by Jowel Sales on the ground that Cyril Sabino could not admit the deposition as evidence because the requirements under Section 4 Rule 23 were not complied. Issues: 1. W/N the deposition taken from Buanares Corral can be used during the trial although he is not here in the Philippines. W/N the plaintiff in cross-examining the deponent during the taking of his deposition waived any and all objections in connection therewith.

(c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (2) that the witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his absence was procured by the party offering the deposition.

2. No. The plaintiff in cross-examining

the deponent during the taking of deposition did not waived all objections in connection therewith. Because according to Section 29 Rule 23 of the Rules of Court provides that while errors and irregularities in depositions as to notice, qualifications of the officer conducting the deposition, and manner of taking the deposition are deemed waived if not objected to before or during the taking of the deposition, objections to the competency of a witness or the competency, relevancy, or materiality of testimony may be made for the first time at the trial and need not be made at the time of the taking of the deposition, unless they could be obviated at that point.

2.

Holding:

1. The deposition of Buanares

Corral can be used during the trial although he is not here in the Philippines in accordance with Rule 23 Section 4. Though the general rule is that deposition offered during trial in lieu of actual testimony is not accepted. There are exceptions to the same in which depositions may be used without the deponent being called to the witness stand by the proponent, provided the existence of certain conditions is first satisfactorily established. One of which is paragraph 2 of Subsection C of Section 4 Rule 23 which provides Section 4 Use of depositions.- At the trial . . . any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any of the following provisions: