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A.D. No. RTJ-02-1713. December 9, 2002

JABON vs. USMAN, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 2 DECEMBER 2002 :

A.D. No. RTJ-02-1713. (Romulo Jabon vs. Judge Sibanah E. Usman, Rtc, Branch 28, Catbalogan City )

Acting on the Urgent Ex Parte Omnibus Motion with Leave of Court dated September 30, 2002 filed by counsel for complainant, praying that an order be issued directing Justice Bennie A. Adefuin-dela Cruz to permit complainant, who is currently in the United States, to testify as a witness by allowing his deposition to be taken before the Philippine Consulate in Florida, U.S.A., the Court resolves to GRANT the same subject to observance of Rule 23 of the 1997 Rules of Civil Procedure. If respondent cannot personally cross-examine the complainant because perhaps of the distance, he may avail of written interrogatories as provided in Rule 25 of the 1997 Rules of Civil Procedure.

In the meantime, complainant, through counsel, may present additional witnesses as he may deem proper.

SO ORDERED.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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