Rules of Court, Rule 23, Section 10.

Persons before whom depositions

may be taken within the Philippines.-Within
Philippines, depositions may be taken before any:
a) Judge;
b) Notary Public; or
c) The person referred in Section 14 hereof.
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Rules of Court, Rule 23, Section 11. Persons before whom depositions
may be taken in foreign countries.- In a foreign state
or country, depositions may be taken
(a) on notice before a secretary of embassy or legation, consul
general,consul, vice consul, or consular agent of the Republic of the
Philippines;
(b) before such person or officer as may be appointed by commission or
under letters regulatory;or
(c) the person referred to in Section 14.
Section 14-Stipulations regarding taking of depositions- If the parties
so stipulate in writing, depositions may be taken before any person
authorized to administer oaths, at any time or place, in accordance with these
Rules, and when so taken may be used like other depositions.

Deposition is chiefly a mode of discovery, the primary function of which is to

supplement the pleadings for the purpose of disclosing the real points of
dispute between the parties and affording an adequate factual basis during
the preparation for trial. It may be taken with leave of court after jurisdiction
has been obtained over any defendant or over property that is the subject of
the action; or, without such leave, after an answer has been served. A party’s
right to avail itself of this procedure is "well-nigh unrestricted" if the matters
inquired into are otherwise relevant and not privileged, and the inquiry is
made in good faith and within the bounds of the law. 1 Nevertheless, the use
of discovery procedures is directed to the sound discretion of the trial
courts,2 which, in general, are given wide latitude in granting motions for
discovery in order to enable the parties to prepare for trial or otherwise to
settle the controversy prior thereto.3

1
Jonathan Landoil Interna Co., v. Mangudadatu, G.R. No. 155010, 16 August 2004, 436 SCRA 559, 573.

2
People of the Philippines v. Webb, 371 Phil. 491, 512 (1999)
3
Security Bank Corporation v. Court of Appeals, 380 Phil. 299, 309 (2000

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Generally, a commission is an instrument issued by a court of justice, or
other competent tribunal, directed to a magistrate by his official designation or
to an individual by name, authorizing him to take the depositions of the
witnesses named therein, while a letter rogatory is a request to a foreign
court to give its aid, backed by its power, to secure desired
information.4 Commissions are taken in accordance with the rules laid down
by the court issuing the commission, while in letters rogatory, the methods of
procedure are under the control of the foreign tribunal.5

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Rules of Court, Rule 23, Section 13. Disqualification by interest.-No

deposition shall be taken before a person who is a relative within sixth degree
of consanguinity or affinity, or employee or counsel of any parties; or who is a
relative within the same degree or employee of such counsel; or who is
financially interested in the action.

Relationships of Affinity - Two people are related by affinity if they are

married to each other, or if one person is related by consanguinity to the
other person's spouse.

Financial Interested Person--- is a person having a financial interest in a

business, or any other transactions or events in which financial interests are
involved. S/he may be serving as an officer, employee or member of the
Board of Directors of a business or other entity or s/he can also be someone
else who is in a position of control over the entity. A financially interested
person may also be a person involved in trade or commerce of various goods
or products.
4
Vantstophorst v. Maryland, 2 US 401, McClure v. Mclintock, 150 Ky 265, Ings v. Ferguson 282 F2d 149, cited in 23
Am Jur 2d 346, §15
5
United States v. Paraffin Wax, 23 FRD 289 cited in 23 Am Jur 2d 346, §15

.
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Rules of Court , Rule 23, Sec. 14. Stipulations regarding taking of
depositions.- If the parties so stipulate in writing, depositions may be taken
before any person authorized to administer oaths, at any time or place, in
accordance with these Rules, and when so taken may
be used like other depositions. (24a, R24)

This Section provides that parties may stipulate in writing that the
deposition officer may not be a judge or a notary public. It can be other person
who is authorized to administer oath such as prosecutors, clerk of court who
is a lawyer, labor arbiters, etc. as long as they are authorized to administer
oath.

Who are the people whom a deposition may be taken?

Within the Philippines: Depositions maybe taken before any:
1. Judge; or
2. Notary public; or
3. Person chosen by the parties provided that:
a. It is stipulated by them
b. The stipulation was made in writing
c. The person chosen must be one authorized to administer oaths;
d. The taking of depositions was made in accordance with the Rules of
Court.

The following officers have general authority to administer oaths, to

wit: "President; Vice-President; Members and Secretaries of both Houses of
the Congress; Members of the Judiciary; Secretaries of Departments;
provincial governors and lieutenant-governors; city mayors; municipal mayors;
bureau directors; regional directors; clerks of courts; registrars of deeds; and
other civilian officers in the Philippine public service whose appointments are
vested in the President of the Philippines and are subject to confirmation by
the Commission of Appointments; all other constitutional officers; and notaries
public. A person who by authority of law shall serve in the capacity of the
officers mentioned above shall possess the same power." (Section 21 of the
Revised Administrative Code, Act no. 2711)

Officers Authorized to Administer Oath. - The following officers have

general authority to administer oaths: President; Vice-President; Members

.
and Secretaries of both Houses of the Congress; Members of the Judiciary;
Secretaries of Departments; provincial governors and lieutenant-governors;
city mayors; municipal mayors; bureau directors; regional directors; clerks of
courts; registrars of deeds; other civilian officers in the public service of the
government of the Philippines whose appointments are vested in the
President and are subject to confirmation by the Commission on
Appointments; all other constitutional officers; and notaries public." (Section
41 of the Administrative Code of 1987)

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Rules of Court Rule 23,Section 15.- Deposition upon oral examination;

notice; time and place. – A party desiring to take the deposition of any
person upon oral examination shall give reasonable notice in writing to every
other party to the action. The notice shall state the time and place for taking
the deposition and the name is not known, a general description sufficient to
identify him or her or the particular class or group whom the notice is served,
the court may for cause shown enlarge or shorten the time.

Oral deposition

A party desiring to take the deposition of any person upon oral examination
shall give to every party to the action a reasonable notice in writing. Such
notice is required to contain the following:

A) The time and place for taking the deposition; and

B) The name and address of each person to be examined, if known; if not

known, there must

be a general description sufficient to identify him or her or the particular class

or group to which he belongs.