DASMARINAS GARMENTS V. REYES (REMEDIAL)

Where the deposition is to be taken in a foreign country where the Philippines has no "secretary or embassy or legation, consul general, consul, vice-consul, or consular agent," then obviously it may be taken only "before such a person or officer as may be appointed by commission or under letters rogatory.

In the case at bar, the RTC has issued a commission to the Asian Exchange Center thru Director Roces. It also appears that the commission is to be coursed through the DFA to course all requests for the taking of deposition of witnesses residing abroad to enable it and the Phil Foreign Service establishments to act on the matter in a judicious and expeditious manner to avoid delay in the deposition-taking.

That the deposition-taking will take place in a foreign jurisdiction not recognized by the Philippines in view of the one-China Policy is inconsequential. what matters is that the deposition is taken before a Philippine official acting by authority of the Phil DFA and in virtue of a commission duly issued by the Phil Court, in accordance with the Phil Rules of Court, pursuant to which opportunity for cross-examination of the deponent will be fully accorded to the adverse party.

Depositions may be used, without the deponent being actually called to the witness stand by the proponent, under certain conditions and for certain limited purposes. These exceptional situations are governed by Section 4, Rule 24 of the Rules of Court.

(c) xxx or (2) that the witness is out of the province and at a greater distance than 50 kms 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 xxx.