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Santamaria vs. Cleary

INGRID SALA SANTAMARIA AND ASTRID SALA BOZA, PETITIONERS, VS. THOMAS CLEARY, RESPONDENT. [G.R. No. 197161] KATHRYN GO-PEREZ, PETITIONER, VS. THOMAS CLEARY, RESPONDENT.

G.R. No. 197122 | 2016-06-15

DECISION
 
LEONEN, J.:
 
This case stems from a motion for court authorization to take deposition in Los Angeles by respondent Thomas Cleary, an American citizen and Los Angeles resident who filed a civil suit against petitioners Ingrid Sala Santamaria, Astrid Sala Boza, and Kathryn Go-Perez before the Regional Trial Court of Cebu.

We resolve whether a foreigner plaintiff residing abroad who chose to file a civil suit in the Philippines is allowed to take deposition abroad for his direct testimony on the ground that he is "out of the Philippines" pursuant to Rule 23, Section 4(c)(2) of the Rules of Court.

These two separate...