CIRCULAR NO. 4 April 6, 1987

SUPREME COURT CIRCULARS AND ORDERS

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

The Lawphil Project - Arellano Law Foundation