3.Petitioners respectfully manifest that they could not possiblyattend the hearing on 23 September 2010 and the subsequent hearings thatmay be scheduled by the Honorable Court for the reception of theirtestimony because they are already scheduled to leave the Philippines forthe United States on
5 AUGUST 2010
.4.Due to their predicament, the petitioners pray of this HonorableCourt that they be granted leave to take their deposition upon oralexamination pursuant to Section 1, Rule 23 of the 1997 Rules of CivilProcedure, to wit:“SECTION 1.
Depositions pending action, when may betaken. –
By leave of court after jurisdiction has been obtainedover any defendant or over property which is the subject of theaction, or without such leave after an answer has been served,the testimony of any person, whether a party or not, may betaken, at the instance of any party, by deposition upon oralexamination or written interrogatories. The attendance of witnesses may be compelled by the use of subpoena as providedin Rule 21. Depositions shall be taken only in accordance withthese Rules. The deposition of a person confined in prison maybe taken only by leave of court on such terms as the courtprescribes.”5.Section 10 and 14, Rule 23 of the 1997 Rules of Civil Procedureprovide that within the Philippines, the said deposition may be taken beforeany judge, notary public, or any person authorized to administer oaths.6.Since the Honorable Court had already obtained jurisdiction overthe person of the petitioners upon their filing of their instant Petition, theyare within their right to request for leave of court to take their testimony bydeposition upon oral examination.