This case has been cited 2 times or more.
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2014-11-24 |
LEONEN, J. |
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| In Dasmariñas Garments, Inc. v. Reyes,[43] this court declared that depositions, as a mode of discovery, "may be taken at any time after the institution of any action [as there is] no prohibition against the taking of depositions after pre-trial."[44] Thus: Dasmariñas also contends that the "taking of deposition is a mode of pretrial discovery to be availed of before the action comes to trial." Not so. Depositions may be taken at any time after the institution of any action, whenever necessary or convenient. There is no rule that limits deposition-taking only to the period of pre-trial or before it; no prohibition against the taking of depositions after pre-trial. Indeed, the law authorizes the taking of depositions of witnesses before or after an appeal is taken from the judgment of a Regional Trial Court "to perpetuate their testimony for use in the event of further proceedings in the said court" (Rule 134, Rules of Court), and even during the process of execution of a final and executory judgment (East Asiatic Co. v. C.I.R., 40 SCRA 521, 544).[45] | |||||
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2008-03-03 |
AUSTRIA-MARTINEZ, J. |
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| In Dasmariñas Garments, Inc. v. Reyes[23], where we upheld the right of plaintiff during the trial stage of the case to present its evidence by deposition of its witnesses in a foreign jurisdiction in lieu of their oral examination in court, we said:Depositions are chiefly a mode of discovery. They are intended as a means to compel disclosure of facts resting in the knowledge of a party or other person which are relevant in some suit or proceeding in court. Depositions, and the other modes of discovery (interrogatories to parties; requests for admission by adverse party; production or inspection of documents or things; physical and mental examination of persons) are meant to enable a party to learn all the material and relevant facts, not only known to him and his witnesses but also those known to the adverse party and the latter's own witnesses. In fine, the object of discovery is to make it possible for all the parties to a case to learn all the material and relevant facts, from whoever may have knowledge thereof, to the end that their pleadings or motions may not suffer from inadequacy of factual foundation, and all the relevant facts may be clearly and completely laid before the Court, without omission or suppression. | |||||