Taking of Deposition of Witnesses Residing Abroad
Supreme Court Circular No. 4-87, issued on April 6, 1987, mandates that all requests from Philippine courts for the taking of depositions of witnesses residing abroad, specifically in the United States or other foreign countries, should be channeled through the Department of Foreign Affairs (DFA). This directive aims to eliminate delays caused by direct requests to consulates that lack jurisdiction over the witness's location. Judges of various trial courts are required to comply strictly with this procedure to ensure efficient processing of these requests. The Circular emphasizes the importance of this protocol in serving the interest of justice.
Law Information
- Reference Number
- Supreme Court Circular No. 4-87
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
April 6, 1987
SUPREME COURT CIRCULAR NO. 4-87
| TO | : | All Judges of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts |
| SUBJECT | : | Taking of Deposition of Witnesses Residing Abroad to be Coursed through the Department of Foreign Affairs |
The Supreme Court is in receipt of a letter dated March 24, 1987, from Assistant Secretary Cesar C. Pastores, Ministry (now Department) of Foreign Affairs, Manila, suggesting that requests by Philippine Courts for the taking of deposition of witnesses residing in the United States of America or in any other foreign country should be coursed through the Department of Foreign Affairs.
In some cases, these requests are sent directly to Consulates which do not exercise consular jurisdiction over the place where the deponent resides, thereby resulting in inevitable delay in the taking of the deposition requested.
In view thereof and to enable the Department and the Philippine Foreign Service establishments to act on the matter in a judicious and expeditious manner, you are hereby DIRECTED, in the interest of justice, to course all requests for the taking of deposition of witnesses residing abroad through the Department of Foreign Affairs.
Strict compliance herewith is hereby enjoined.
April 6, 1987.
(SGD.) CLAUDIO TEEHANKEE Chief Justice
Cite This Law
Taking of Deposition of Witnesses Residing Abroad, Supreme Court Circular No. 4-87, Apr 6, 1987 (Philippines)
Taking of Deposition of Witnesses Residing Abroad, Supreme Court Circular No. 4-87 (Phil. 1987)
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