1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly examination or written interrogatories. The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 21. Depositions shall be taken only in accordance with these Rules. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. Section 11. Persons before whom depositions may be taken in foreign countries. — In a foreign state or country, depositions may be taken (a) on notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the Republic of the Philippines; (b) before such person or officer as may be appointed by commission or under letters rogatory; or (c) the person referred to in section 14 hereof. Section 25. Deposition upon written interrogatories; service of notice and of interrogatories. — A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within ten (10) days thereafter, a party so served may serve cross-interrogatories upon the party proposing to take the deposition. Within five (5) days thereafter, the latter may serve re-direct interrogatories upon a party who has served cross-interrogatories. Within three (3) days after being served with re-direct interrogatories, a party may serve recross-interrogatories upon the party proposing to take the deposition. A strict application of the procedural rules will defeat the very purpose for the grant of reprieve by the Indonesian authorities to Mary Jane. Mary Jane's testimony, being the victim, is vital in the prosecution of the pending criminal cases that were filed against Cristina and Julius. This has been recognized by no less than the Indonesian President, His Excellency Joko Widodo, who granted the reprieve precisely to afford Mary Jane the opportunity to participate in the legal proceedings obtaining in the Philippines. Besides, the disallowance of the written interrogatories is not in congruence with the aim of ASEAN MLAT, that is to render mutual legal assistance in criminal matters among signatory states including the Philippines. The ASEAN MLAT is enforced precisely to be applied in circumstances like in the case of Mary Jane. It recognizes the significance of cooperation and coordination among the states to prevent, investigate and prosecute criminal offenses especially if perpetuated not only in a single state just like in the case of drug and human trafficking, and illegal recruitment, the very charges that were filed against respondents. Verily, in light of the unusual circumstances surrounding the instant case, the Court sees no reason not to apply suppletorily the provisions of Rule 23 of the Rules on Civil Procedure in the interest of substantial justice and fairness. Hence, the taking of testimony of Mary Jane through a deposition by written interrogatories is in order. The deposition by written interrogatories is pursuant to Mary Jane's right to due process https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65855 16/22