G.R. No. 197122. June 15, 2016.
MAIN TOPIC – Rule 23
FACTS
Thomas Cleary, an American citizen and Los Angeles resident filed a complaint for specific performance and damages against Miranila Land Development Corporation (MLDC) involving shares of stock. Cleary moved for court authorization to take deposition before the Consulate-General of the Philippines in Los Angeles and be used as his direct testimony. The respondents argued that the right to take deposition is not absolute and since Cleary chose the Philippine system to file his suit, the court and the parties must have opportunity to observe his demeanor and directly propound questions on him. The trial court denied Cleary’s Motion and held that depositions are not meant to be a substitute for actual testimony in open court. Cleary elevated the case to the Court of Appeals.