PERPETUATION OF TESTIMONY

Category: Evidence

A. To perpetuate is to preserve for future use .Rule 134 governs the procedure on how a party or witness may preserve his testimony because the person may not be available to personally testify in Court during the trial of a case in which he may be involved, And therefore the purpose is prevent the loss or unavailability of the testimony.

B. The depositions are of two kinds:

1). Depositions de bene esse: one filed after a case has already been filed in court , i.e  to preserve testimony in danger of being lost before the witness  can be examined in court

Examples: a). the witness scheduled to leave abroad with no possibility of returning b). the witness is so sick and might die

2. Depositions perpetuam rei memoriam: one taken in anticipation of a case not yet filed in court

C. The requirement of notice to the adverse party(ies) is essential. It cannot be used against a party who was not named in the Petition or not issued a notice of the date and place of the hearing.

D. The deposition may be taken by oral testimony or by written interrogatories, as directed by the court.

1. In oral testimony, the court may designate before whom the testimony shall be taken. The witness undergoes the stages of direct, cross, re-direct t and re-cross, examinations, which  are  duly recorded, including objections by the parties.

2. If the witness is no longer available for personal testimony during the trial, the testimony as, recorded becomes his testimony in court.

PERPETUATION OF TESTIMONY