Vda. de Manguerra vs Risos

VDA. DE MANGUERRA vs. RAUL RISOS G.R. NO. 152643, 28 AUGUST 2008 563 SCRA 499 FACTS:

A case of Estafe Through Falsication of Public Document before the RTC of Cebu was led against Raul Risos, Susana Yongco, eah Abar!ue" and Att#$ %amaliel D$&$ &on'e$ (t arose from the falsication of a deed of sale allegedl# committed b# res)ondents where the# made it a))ear that Conce)cion, the owner of the mortgaged )ro)ert# *nown as the %orordo )ro)ert#, a+ed her signature to the document$ -hile the case was on going, Conce)ion was conned at the .a*ati .edical Center due to u))er gastro/intestinal gastro/intestinal bleeding$ Res)ondents Res)ondents led a .otion for Sus)ension on the ground of )re'udicial !uestion$ The# argued that the ci0il case CE&/12345, an action for declaration of nullit# of mortgage, should be rst resol0ed$  The counsel of Conce)cion led a motion to ta*e the latter6s de)osition$ de)osition$ 7e e)lained the need to )er)etuate Conce)cion6s testimon# testimon# due to her wea* )h#sical condition and old age$ The .otion for De)osition was granted b# the RTC$ RTC$ The CA re0ersed the RTC stating that, the eamination of the witness is go0erned b# Section84 of Rule 885 and not Rule 13 of the Rules of Court$

(SS9E: -hether or not Rule 13 would a))l# in this case$ 7ED: ;o$ (n criminal cases, all witnesses shall gi0e their testimonies at the trial of  the case in the )resence of the 'udge$ This is to a or 1= if the witness has to lea0e the Phili))ines with no denite date of returning$ 9ndoubtedl#, the )rocedure )rocedure set forth in Rule 885 a))lies to the case at bar$ bar$ (t is thus re!uired that the conditional eamination be made before the court where the case is )ending$ (t is also necessar# that the accused be notied, so that he can attend the eamination, sub'ect to his right to wai0e the same after reasonable notice$ As to the manner of eamination, the Rules mandate that it be conducted in the same manner as an eamination during trial, that is, through !uestion and answer$

(t is true that Section 3, Rule 8 of the Rules of Court )ro0ides that the rules of  ci0il )rocedure a))l# to all actions, ci0il or criminal, and s)ecial )roceedings$ (n e