People vs Webb : 132577 : August 17, 1999 : J. Ynares-Santiago : First Division
[G.R. No. 132577. August 17, 1999]
PEOPLE OF THE PHILIPPINES, petitioner, vs. HUBERT JEFFREY P. WEBB, respondent.
D E C I S I O N
YNARES-SANTIAGO, J.:
x x x.
As defined, a deposition is -
"The testimony of a witness taken upon oral question or written interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law or court rule on the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil or criminal prosecution. A pretrial discovery device by which one party (through his or her attorney) asks oral questions of the other party or of a witness for the other party. The person who is deposed is called the deponent. The deposition is conducted under oath outside of the court room, usually in one of the lawyer’s offices. A transcript - word for word account - is made of the deposition. Testimony of [a] witness, taken in writing, under oath or affirmation, before some judicial officer in answer to questions or interrogatories x x x.”[21]
and the purposes of taking depositions are to: 1.] Give greater assistance to the parties in ascertaining the truth and in checking and preventing perjury; 2.] Provide an effective means of detecting and exposing false, fraudulent claims and defenses; 3.] Make available in a simple, convenient and inexpensive way, facts which otherwise could not be proved except with great difficulty; 4.] Educate the parties in advance of trial as to the real value of their claims and defenses thereby encouraging settlements; 5.]Expedite litigation; 6.] Safeguard against surprise; 7.] Prevent delay; 8.] Simplify and narrow the issues; and 9.] Expedite and facilitate both preparation and trial.[22] As can be gleaned from the foregoing, a deposition, in keeping with its nature as a mode of discovery, should be taken before and not during trial. In fact, rules on criminal practice - particularly on the defense of alibi, which is respondent’s main defense in the criminal proceedings against him in the court below - states that when a person intends to rely on such a defense, that person must move for the taking of the deposition of his witnesses within the time provided for filing a pre-trial motion.[23]
It needs to be stressed that the only reason of respondent for seeking the deposition of the foreign witnesses is “to foreclose any objection and/or rejection of, as the case may be, the admissibility of Defense Exhibits ‘218’ and ‘219’.” This issue has, however, long been rendered moot and academic by the admission of the aforementioned documentary exhibits by the trial court in its order dated July 10, 1998.[24]
In fact, a circumspect scrutiny of the record discloses that the evidence to be obtained through the deposition-taking would be superfluous or corroborative at best. A careful examination of Exhibits “218” and “219” readily shows that these are of the same species of documents which have been previously introduced and admitted into evidence by the trial court in its order dated July 18, 1997 which We noted in Webb, et al. v. People of the Philippines, et al.[25] wherein We pointed out, among others, “[t]hat respondent judge reversed this erroneous ruling and already admitted these 132 pieces of evidence after finding that ‘the defects in (their) admissibility have been cured though the introduction of additional evidence during the trial on the merits’.”[26]
Indeed, a comparison of Exhibit “218-A” which is a U.S. Department of State Certification issued by Joan C. Hampton, Assistant Authenticating Officer of the said agency, for and in the name of Madeleine K. Albright, stating that the documents annexed thereto were issued by the U.S. Department of Justice as shown by seal embossed thereon,[27] with other exhibits previously offered as evidence reveals that they are of the same nature as Exhibits “42-H”[28] and “42-M.”[29] The only difference in the documents lies in the fact that Exhibit “218-A” was signed by Joan C. Hampton for and in behalf of the incumbent Secretary of State, Madeleine K. Albright whereas, Exhibits “42-H” and “42-M” were signed by Authenticating Officer Annie R. Maddux for and in behalf of former Secretary of State Warren Christopher.[30]
A comparison of Exhibit “218-B”[31] with the other documentary exhibits offered by respondent, likewise discloses that its contents are the same as Exhibits “42-I”[32] and “42-N.”[33] The only difference in the three exhibits, which are actually standard issue certification forms issued by the U.S. Department of Justice with blanks to be filled up, is that Exhibit “218-B” is dated February 5, 1997 and signed by one of the U.S. Attorney General’s several Deputy Assistant Attorneys for Administration for and in her behalf, while Exhibits “42-I” and “42-N” are both dated September 21, 1995 with another of the said deputies signing both documents.[34]
Still comparing respondent’s Exhibit “218-F,”[35] which is likewise a standard issue U.S. Department of Justice Certification Form, with other documents previously introduced as evidence reveals that it is the same as Exhibits “39-D”[36] and “42-C.”[37] The only differences in these documents are that Exhibit “218-F” is dated October 13, 1995 and is signed by Debora A. Farmer while Exhibits "-“39-D” and “42-C” are both dated August 31, 1995 and signed by Cecil G. Christian, Jr., Assistant Commissioner, Officer of Records, INS.[38]
Still further scrutinizing and comparing respondent’s Exhibit “218-G”[39] which was also introduced and admitted into evidence as Defense Exhibit “207-B”[40] shows that the document has been earlier introduced and admitted into evidence by the trial court an astounding seven (7) times, particularly as Exhibits “34-A”, “35-F”, “39-E”, “42-D”, “42-P”, “50” and “50-F.”[41] The only difference in these documents is that they were printed on different dates. Specifically, Exhibits “218-G” as with Exhibits “34-A”, “35-F”, “50”, and “52-F” were printed out on October 26, 1995[42] whereas Exhibit “207-B” as with Exhibits “39-E”, “42-D” and “42-F” were printed out on August 31, 1995.[43]
In fact, the records show that respondent’s: a.] application for Non-Commercial Driver’s License; b.] Documentary records based on Clet’s Database Response; c.] Computer-generated thumb-print; d.] Documentary records based on still another Clet’s Database Response, and e.] The Certification issued by one Frank Zolin, Director of the State of California’s Department of Motor Vehicles, were already introduced and admitted into evidence as Defense Exhibits “66-J”, “66-K”, “66-H”, “66-I” and “66-L”, respectively.[44]
It need not be overemphasized that the foregoing factual circumstances only serves to underscore the immutable fact that the depositions proposed to be taken from the five U.S. based witnesses would be merely corroborative or cumulative in nature and in denying respondent’s motion to take them, the trial court was but exercising its judgment on what it perceived to be a superfluous exercise on the belief that the introduction thereof will not reasonably add to the persuasiveness of the evidence already on record. In this regard, it bears stressing that under Section 6, Rule 113 of the Revised Rules of Court:
“SEC. 6. Power of the court to stop further evidence. - The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. But this power should be exercised with caution.” (emphasis and italics supplied.)
Needless to state, the trial court can not be faulted with lack of caution in denying respondent’s motion considering that under the prevailing facts of the case, respondent had more than ample opportunity to adduce evidence in his defense. Certainly, a party can not feign denial of due process where he had the opportunity to present his side.[45] It must be borne in mind in this regard that due process is not a monopoly of the defense. Indeed, the State is entitled to due process as much as the accused.[46] Furthermore, while a litigation is not a game of technicalities, it is a truism that every case must be prosecuted in accordance with the prescribed procedure to insure an orderly and speedy administration of justice.[47]
The use of discovery procedures is directed to the sound discretion of the trial judge.[48] The deposition taking can not be based nor can it be denied on flimsy reasons.[49] Discretion has to be exercised in a reasonable manner and in consonance with the spirit of the law. There is no indication in this case that in denying the motion of respondent-accused, the trial judge acted in a biased, arbitrary, capricious or oppressive manner. Grave abuse of discretion “x x x implies such capricious, and whimsical exercise of judgment as is equivalent to lack of jurisdiction, or, in other words where the power is exercised in an arbitrary and despotic manner by reason of passion or personal hostility, and it must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined or to act all in contemplation of law.”[50]
“Certiorari as a special civil action can be availed of only if there is concurrence of the essential requisites, to wit: (a) the tribunal, board or officer exercising judicial functions has acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or in excess or jurisdiction, and (b) there is no appeal, nor any plain, speedy and adequate remedy in the ordinary course of law for the purpose of annulling or modifying the proceeding. There must be a capricious, arbitrary and whimsical exercise of power for it to prosper.”[51]
“To question the jurisdiction of the lower court or the agency exercising judicial or quasi-judicial functions, the remedy is a special civil action for certiorari under Rule 65 of the Rules of Court. The petitioner in such cases must clearly show that the public respondent acted without jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. Grave abuse of discretion defies exact definition, but generally refers to ‘capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility.’
“It has been held, however, that no grave abuse of discretion may be attributed to a court simply because of its alleged misappreciation of facts and evidence. A writ of certiorari may not be used to correct a lower tribunal's evaluation of the evidence and factual findings. In other words, it is not a remedy for mere errors of judgment, which are correctible by an appeal or a petition for review under Rule 45 of the Rules of Court.
“In fine, certiorari will issue only to correct errors of jurisdiction, not errors of procedure or mistakes in the findings or conclusions of the lower court. As long as a court acts within its jurisdiction, any alleged errors committed in the exercise of its discretion will amount to nothing more than errors of judgment which are reviewable by timely appeal and not by special civil action for certiorari.”[52]
Whether or not the respondent-accused has been given ample opportunity to prove his innocence and whether or not a further prolongation of proceedings would be dilatory is addressed, in the first instance, to the sound discretion of the trial judge. If there has been no grave abuse of discretion, only after conviction may this Court examine such matters further. It is pointed out that the defense has already presented at least fifty-seven (57) witnesses and four hundred sixty-four (464) documentary exhibits, many of them of the exact nature as those to be produced or testified to by the proposed foreign deponents. Under the circumstances, We sustain the proposition that the trial judge commits no grave abuse of discretion if she decides that the evidence on the matter sought to be proved in the United States could not possibly add anything substantial to the defense evidence involved. There is no showing or allegation that the American public officers and the bicycle store owner can identify respondent Hubert Webb as the very person mentioned in the public and private documents. Neither is it shown in this petition that they know, of their own personal knowledge, a person whom they can identify as the respondent-accused who was actually present in the United States and not in the Philippines on the specified dates.
x x x.
