1. Concept and purpose
This is the taking of a person's statement, under oath, about facts and circumstances that he witnessed. Note that the statement is not taken during the court proceedings. It is taken outside of the court where the case is pending. It may even be taken even there is no court case yet, as I will explain below.
The person whose statement is taken is called the DEPONENT (not witness). His statement is known as DEPOSITION (strictly, not testimony).
The purposes are to discover information and preserve the deponent's statement. The deposition can also be used to impeach a person's credibility if and when he takes the witness stand later on during the trial of a case, and his testimony contradicts something he said in his deposition.
A prospective witness is examined to preserve his or her testimony for future use. When the deposition is taken, it does not mean that the deponent has already become the witness of the party taking the deposition. He becomes a witness only when he or his deposition is presented in court.
2. Part of Discovery
They are one of the primary modes of discovery under the Philippine Rules of Court (Rules 23 & 24). Discovery refers to proceedings used by parties to learn or find out facts that are important to their case.
3. Two Main Types:
Depositions Pending Action (Rule 23): Taken during the pendency of a case to gather information.
Depositions Before Action or Pending Appeal (Rule 24): Used to perpetuate testimony when there's a risk of the witness becoming unavailable (e.g., old age, illness).
4. Scope of Examination (Broad)
You can inquire into any matter that is not privileged as long as it is relevant to the subject matter of the pending action, whether or not it will be admissible at trial.
5. Relevance, Not Admissibility
The test for a deposition question is relevance to the subject matter, not immediate admissibility as evidence. A matter is relevant when it has a relation to the fact in issue as to induce a belief as to its existence or non-existence.
6. Who Can Be Deposed
Any person (party or non-party) whose testimony is relevant to the case.
7. Notice is Crucial
Proper written notice must be served on all parties, specifying the deponent's name, the time, and the place of the deposition.
8. Officer Authorized
Depositions are taken before a judge, a notary public, or any other officer authorized to administer oaths. In civil cases, depositions can be taken before a judge who is not the one hearing the case. For example, the case is in Manila and the deponent, a sickly elderly man, resides in Camalaniugan, Cagayan. The deposition can be taken before a judge in Camalaniugan, Cagayan.
9. Oral or Written
Depositions can be taken upon oral examination or upon written interrogatories (though the latter is less common for live depositions). Oral examination means that the questions are asked directly by counsel, and the deponent immediately answers. The questions and answers are recorded through transcripts of stenographic notes. Written interrogatories means that the questions are written and given to the deponent before the actual deposition-taking. Answers are also given in writing.
10. Subpoena for Non-Parties
If the deponent is not a party to the case, subpoenas are necessary. There are two kinds of subpoenas: subpoena ad testificandum (to compel the deponent to appear and give a statement); subpoena duces tecum (to compel appearance and bring documents).
11. Party Deponents
If the person to be deposed in a party to the case, meaning either a plaintiff or defendant, a notice is sufficient to compel attendance. Generally, a subpoena is not needed.
12. Presence of Counsel
All parties have the right to be present in person or by counsel, and cross-examine the deponent.
13. Objections During Deposition
Objections to questions (e.g., leading, privileged, irrelevant) should be stated concisely for the record, but the examination proceeds unless the objection clearly goes to the form of the question that can be cured.
14. Motion to Terminate or Limit
A party can move the court to terminate or limit the deposition if it is being conducted in bad faith or to annoy, embarrass, or oppress the deponent or party.
15. Recording Methods
Depositions can be recorded stenographically (most common), by video, or by other means, as long as it is accurate.
16. Transcription
The testimony is transcribed into a written record.
17. Reading and Signing
The deponent has the right to read, correct (for errors in form or substance), and sign the transcript. This right can be waived.
18. Waiver of Errors
Errors and irregularities in the notice, officer, manner of taking, or transcription are generally waived if not promptly objected to.
19. Filing with the Court
Once completed and signed, the deposition is sealed and filed with the court.
20. Deposition can be used to impeach
The deposition can be presented to contradict or impeach the testimony of the deponent as a witness. Let's say that in an action for damages, the deponent was presented as a witness and he stated that he saw the defendant punch the victim. However, in his deposition which was taken earlier, he stated that he did not see who punched the victim. The deposition can be used to contradict his testimony in court. This is done by presenting the deposition to the witness and having him confirm the statement in his deposition.
21. Deposition can be used as substantive evidence
If the deponent is the adverse party, it can be used as substantive evidence for any purpose.
22. Unavailability
If the deponent is dead, outside the 100km radius from the place of trial (unless due to the party's procurement), infirm, or cannot be compelled to attend, his deposition can be presented in court.
23. Exceptional Circumstances
His deposition can be presented for any reason the court deems just and exceptional. For example, he is very sick and lives in a distant place, and is too weak to travel, his deposition can be presented.
24. Deposition-taking is Not Part of the Trial
It's a discovery tool; the deponent is not on trial, and the goal is to gather and preserve information. It is possible that the deposition will not be presented in court. That is the choice of the person who took the deposition.
25. Truthfulness Under Oath
Like trial testimony, deposition testimony is given under oath, and false statements can lead to perjury charges.
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