VENUE –

The venue of the aforementioned “verified petition” is “the place of the residence of any expected
adverse party”.

In contrast, under Rule 4 (“Venue of Actions”), the regular rules on venue for “ordinary civil actions” are
as follows:

1. Venue of real actions.—“Actions affecting title to or possession of real property, or interest therein,
shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real
property involved, or a portion thereof, is situated”. (Sec. 1, Rule 4).

2. Forcible entry and detainer actions shall be commenced and tried in “the municipal trial court of the
municipality or city wherein the real property involved, or a portion thereof, is situated”. (Id.)

3. Venue of personal actions.—“All other actions may be commenced and tried where the plaintiff or
any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides,
or in the case of a non-resident defendant where he may be found, at the election of the plaintiff”. (Sec.
2, Rule 4).

4. Venue of actions against nonresidents.—“If any of the defendants does not reside and is not found
in the Philippines, and the action affects the personal status of the plaintiff, or any property of said
defendant located in the Philippines, the action may be commenced and tried in the court of the place
where the plaintiff resides, or where the property or any portion thereof is situated or found”. (Sec. 3,
Rule 4).

5. When Rule 4 not applicable.— “This Rule shall not apply (a) In those cases where a specific rule
or law provides otherwise; or (b) Where the parties have validly agreed in writing before the filing of
the action on the exclusive venue thereof”. (Sec. 4, Rule 4).
VERIFIED PETITION FOR THE

PERPETUATION OF TESTIMONY -

The verified petition for the perpetuation of the testimony of a party/witness shall be entitled in the
name of the petitioner and shall show:

(a) that “the petitioner expects to be a party to an action” in a court of the Philippines “but is presently
unable to bring it or cause it to be brought”;

(b) the “subject matter” of the expected action and his interest therein;

(c) the “facts which he desires to establish” by the proposed testimony “and his reasons for desiring to
perpetuate it”;

(d) the “names or a description of the persons he expects will be adverse parties and their addresses so
far as known”; and

(e) the “names and addresses of the persons to be examined” and the “substance of the testimony
which he expects to elicit from each”, and shall ask for “an order authorizing the petitioner to take the
depositions of the persons to be examined” named in the petition for the purpose of perpetuating their
testimony. (Sec. 2, Rule 24).

NOTICE AND SERVICE. –

The “petitioner” shall “serve a notice upon each person named in the petition as an expected adverse
party”, together “with a copy of the petition”, stating that the petitioner will apply to the court, “at a
time and place named therein”, for the order described in the petition. In addition, at least twenty (20)
days before the date of the hearing, “the court shall cause notice thereof to be served on the parties
and prospective deponents” in the manner provided for service of summons. (Sec. 3, Rule 24).
ORDER AND EXAMINATION. –

If the court is satisfied that the perpetuation of the testimony “may prevent a failure or delay of justice”,
it shall “make an order designating or describing the persons whose deposition may be taken and
specifying the subject matter of the examination” and “whether the depositions shall be taken upon oral
examination or written interrogatories”. The depositions may then be taken “in accordance with Rule 23
before the hearing”. (Sec. 4, Rule 24).

Rule 23 refers to DEPOSITIONS PENDING ACTION.

USE OF DEPOSITION. –

If a deposition to perpetuate testimony is taken under the Rule 24, or if, although not so taken, it would
be admissible in evidence, “it may be used in any action involving the same subject matter subsequently
brought” in accordance with the provisions of “sections 4 and 5 of Rule 23”. (Sec. 6, R24).

Under Sec. 4 of Rule 23, 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”.

Under the foregoing Section 4, Rule 23, the deposition may be used in accordance with any one of the
following provisions:

“x x x.

(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 anyone 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).

X x x.”
The general rule is that Napoles as an accused must personally appear and testify in a pending criminal
case, upon a subpoena issued by the trial court, to reveal her complete participation in the commission
of the felonies charged, in which case, in effect, she waives her right against self-incrimination during
her direct, cross, redirect, and recross examinations in court.

Her deposition as a deponent (accused) may be used, in her absence, only in the specific situations and
under the legal provisions and limitations mentioned above, i.e., Sec. 4, Rule 23.

RULE 23 (DEPOSITIONS PENDING ACTION). –

Rule 23 (“depositions pending action”) is the basis for the “regular deposition” that the public know,
that is, a deposition in a “pending” civil action.

In the present case of NAPOLES, there is no pending civil or criminal action yet that has been filed by the
Ombudsman against her and her co-conspirators in the Legislative and the Executive before the
Sandiganbayan for plunder, malversation, and falsification of public and/or private documents.

In such case, Rule 24 applies.

But the mechanics or principles on the taking and the use of the deposition are governed by Rule 23, by
incorporation and reference made in Rule 24.

Depositions pending action,

when may be taken under Rule 23. -

By “leave of court” and “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”. (Sec. 1, Rule 23).
The attendance of witnesses may be “compelled by the use of a subpoena” as provided in Rule 21. (Id.).

Depositions pending an action shall be taken only in accordance with Rule 23. (Id.).

The deposition of a “person confined in prison”, as in the case of NAPOLES. may be “taken only by leave
of court on such terms as the court prescribes”. (Id.).

Scope of examination.—

Unless otherwise ordered by the court as provided by section 16 or 18 of Rule 23, the deponent may be
examined regarding:

1. “any matter, not privileged”,

2. “which is relevant to the subject of the pending action”,

3. “whether relating to the claim or defense of any other party”,

4. “including the existence, description, nature, custody, condition, and location of any books,
documents, or other tangible things” and

5. including “the identity and location of persons having knowledge of relevant facts”. (Sec. 2, Rule 23)