PEOPLE OF THE PHILIPPINES, petitioner, vs.

HUBERT JEFFREY P. WEBB, respondent.

G.R. No. 132577 August 17, 1999

FACTS: Hubert Webb, herein respondent, was accused

of rape with homicide. During the course of the
proceeding in the trial court, he filed a Motion to Take
Testimony by Oral Deposition praying that he be allowed
to take the depositions of five (5) citizens and residents of
the United States before the proper consular officer of the
Philippines in Washington D.C. and California, as the
case may be. The prosecution thereafter filed an
opposition to the said motion. The trial court denied the
motion.

ISSUE: WON RESPONDENT’S MOTION SHOULD

BE GRANTED.

HELD: No. A deposition, in keeping with its nature as a

mode of discovery, should be taken before and not during
the trial. In fact, rules on criminal practice regularly on
the defense of alibi, which is Webb’s main defense in the
criminal proceedings against him states that when a
person intends to rely on such defense, that person must
move for the taking of the deposition of his witnesses
with the time provided for filing a pre-trial motion.