ON PERPETUATION OF TESTIMONY

Considering that the matter of the perpetuation of the testimony of Janet NAPOLES has been raised in
the media, it is timely to review the applicable provisions of the Rules of Court.

There are 2 kinds of perpetuation of testimony under the 1997 Rules of Civil Procedure:

(a) while an action is “pending” (covered by Rule 23, 1997 Rules of Civil Procedure) and

(b) “before” an action is filed and while an “appeal is “pending” (covered by Rule 24, id.).

In the case of Napoles, her pending criminal case (Regional Trial Court, Makati City) is serious illegal
detention, a non-bailable felony.

It is not the main concern of the Filipino people now.

The main interest of the country lies in the full revelation of the modus operandi and the complete facts
and money flow relative to the heinous and unprecedented P10-Billion pork barrel scams perpetrated
by Napoles and her co-conspirators in the Executive and the Legislative for the period 2007-2009 as
reported by the Commission of Audit under the term of Pres. Gloria Arroyo (and, in theory, even up to
the current term of Pres. Ninoy Aquino).

The Ombudsman and the Department of Justice, assisted by the National Bureau of Investigation, are
still in the process of gathering all the evidence for purposes of filing the proper criminal Informations
before the Sandiganbayan for plunder, malversation of public funds and falsification of public and
private documents against Napoles and her co-conspirators in the Executive and the Legislative. (We do
not have information on the final deadline set by the Ombudsman and the DOJ for such purpose).

What rules govern the perpetuation of testimonies?

RULE 24, 1997 Rules of Civil Procedure (“DEPOSITIONS BEFORE ACTION OR PENDING APPEAL”) governs
the matter of the perpetuation of the testimony of a party/witness “before” an action is filed and while
an appeal is pending.

Rule 24 was originally RULE 134 of the 1989 RULES OF EVIDENCE (“PERPETUATION OF TESTIMONY”).

Rule 24 is the rule that is applicable to Napoles as of this time. No action is pending against her as of
now.

Rule 23, on the other hand, applies to the perpetuation of testimony of a party or witness in a “pending”
action or a “pending appeal”.

PERPETUATION OF TESTIMONY UNDER RULE 24;

HOW COMMENCED –

A person, like NAPOLES, who desires to perpetuate her “own testimony or that of another person”
regarding any matter that may be cognizable in any court of the Philippines, may file a “verified petition”
in the court of the place of the residence of “any expected adverse party”. (Sec. 1, Rule 24).