CIRCULAR
NO. 4[1987]
TO: ALL JUDGES
OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL
COURTS
SUBJECT:
TAKING OF DEPOSITION OF WITNESSES RESIDING ABROAD TO BE COURSED THROUGH
THE DEPARTMENT OF FOREIGN AFFAIRS.
The Supreme Court
is in receipt of a letter dated March 24, 1987 from Assistant Secretary
Cesar C. Pastores, Ministry [now Department] of Foreign Affairs,
Manila,
suggesting that requests by Philippine Courts for the taking of
deposition
of witnesses residing in the United States of America or in any other
foreign
country should be coursed through the Department of Foreign
Affairs.
In some cases, these
requests are sent directly to Consulates which do not exercise consular
jurisdiction over the place where the deponent resides, thereby
resulting
in inevitable delay in the taking of the deposition requested.cralaw:red
In view thereof and
to enable the Department and the Philippine Foreign Service
establishments
to act on the matter in a judicious and expeditious manner, you are
hereby
directed, in the interest of justice, to course all requests for the
taking
of deposition of witnesses residing abroad through the Department of
Foreign
Affairs.
Strict compliance
herewith is hereby enjoined.
April 6, 1987.
[Sgd.]
CLAUDIO
TEEHANKEE Chief
Justice
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