Republic of the Philippines

Ninth Judicial Region

REGIONAL TRIAL COURT
Branch 19
Pagadian City
-o0o-

IN RE: PETITION FOR CORRECTION SPL.PROC. NO. 6842-2k18

OF ENTRY IN THE CERTIFICATES OF
MARRIAGE OF LIZA M. CABALLERO
PARTICULARLY FOR THE CORRECTION
AND CANCELLATION OF THE WIFE
PORTION OF SAID MARRIAGE CERTIFICATES,

LIZA M. CABALLERO,
Petitioner,

-versus-

CARLO C. CAPARIDA, JONATHAN A. ESTREVILLO

AND THE LOCAL CIVIL REGISTRAR (LCR)
OF DUMALINAO, ZAMBOANGA DEL SUR, and the
LOCAL CIVIL REGISTRAR (LCR) OF PAGADIAN
CITY,
Respondents.
x---------------------------------------/

MOTION FOR LEAVE OF COURT

TO TAKE DEPOSITION
OF PETITIONER PENDING ACTION

PETITIONER, thru undersigned counsel, unto the Honorable Court, most

respectfully avers, that:

1. On June 6, 2019, the Honorable Court issued an Order admitting the Second
Amended Petition as now forming part of the records and likewise for the issuance of
summons to the newly-impleaded defendant Jonathan Estrevillo;

2. Prior thereto, the defendant Carlo Caparida was already served a copy of the
Summons, a copy of the Complaint and the corresponding annexes attached , upon his
person at his address at Dimasar Building, Santa Lucia District Pagadian at 3:14
o’clock in the afternoon of March 8, 2019 as can be seen from the Sheriff’s Return of
Service of Summons of similar date whichis now on file with the Honorable Court;

3. Petitioner is married to a British citizen, in the person of John Sutherland

Latto, to whom she has been cohabiting with in Singapore and Scotland, and that her
said spouse gave consent that she return to the Philippines for the time being, in order
to secure documents and the necessary certifications from concerned agencies of the
government, so that petitioner will qualify as applicant for British citizenship;

4. In view of the very recent development in her case, Petitioner had to extend her
stay in the Philippines for more than two (2) months already since her arrival. She now
fears that if she stays longer, her application as British citizen shall be prejudiced as
there will now be continuous break in her stay inside the United Kingdom;

5. Under Rule 23 of the Rules of Civil Procedure, it is stated that:

RULE 23
Depositions Pending Action

Section 1. Depositions pending action, when may be taken. — By

leave of court after jurisdiction has been obtained over any defendant or
over property which is the subject of the action, or without such leave after
an answer has been served, the testimony of any person, whether a party
or not, may be taken, at the instance of any party, by deposition upon oral
examination or written interrogatories. The attendance of witnesses may
be compelled by the use of a subpoena as provided in Rule 21. Depositions
shall be taken only in accordance with these Rules. The deposition of a
person confined in prison may be taken only by leave of court on such
terms as the court prescribes. (1a, R24)

Section 2. Xxxxxx;

Section 3. Xxxxxx;

Section 4. Use of depositions. — At the trial or upon the hearing of a

motion or an interlocutory proceeding, 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 one of the following
provisions;

(a) Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of deponent as a witness;

(b) The deposition of a party or of any one who at the time of taking
the deposition was an officer, director, or managing agent of a public or
private corporation, partnership, or association which is a party may be
used by an adverse party for any purpose;

(c) The deposition of a witness, whether or not a party, may be used

by any party for any purpose if the court finds: (1) that the witness is dead,
or (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, or (3) that the witness is unable to attend or testify because of
age, sickness, infirmity, or imprisonment, or (4) that the party offering the
deposition has been unable to procure the attendance of the witness by
subpoena; or (5) upon application and notice, that such exceptional
 circumstances exist as to make it desirable, in the interest of justice and
with due regard to the importance of presenting the testimony of
witnesses orally in open court, to allow the deposition to be used; and

(d) If only part of a deposition is offered in evidence by a party, the

adverse party may require him to introduce all of it which is relevant to the
part introduced, and any party may introduce any other parts. (4a, R24)

6. Considering that the Honorable Court has acquired jurisdiction over the person
of party defendant of Carlo Caparida, and considering further the peculiar
circumstance of herein petition, it is but just and proper that leave be granted in order
for the deposition of herein petitioner be taken by the Honorable Court;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the

Honorable Court issue an order granting leave for the taking of the deposition of
herein petitioner pending action.

OTHER RELIEFS just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED this 7th day of June 2019 at Pagadian City,

Zamboanga del Sur, Philippines.

ATTY. FELIX M. ESCALANTE, JR.

Escalante Law
2nd Floor Lacuna Building
Rizal Avenue Pagadian City
Attorney’s Roll No. 57655
IBP No. 032420, 02/06/18
Issued at Pagadian City
PTR No. 1133990, 01/29/18
Issued at Pagadian City
MCLE Compliance V: 0005045
Issued on December 18, 2014 and
Valid until April 14, 2019
Email ad: pgochief@yahoo.com
0917-623-0775

Copy furnished:
1. Carlo C. Caparida
Dimasar Bldg. Santa Lucia
Pagadian City

2. Jonathan A. Estrevillo
Barangay Pulot, Ozamis City
3. Office of theSolicitor General
134 Amorsolo St. Legaspi Village
Makati City 1229

4. Pros. Clyde G. Rondrique

Assistant City Prosecutor
Justice Hall, Pagadian City

NOTICE OF HEARING

THE CLERK OF COURT

Regional Trial Court
Branch 19
Pagadian City

Greetings:

Please submit the foregoing Motion for Leave of Court to Take

Deposition of Petitioner Pending Action for the kind consideration of the
Honorable Court and schedule the same for hearing on June _____, 2019 at
8:30 in the morning

ATTY. FELIX M. ESCALANTE, JR.