Gathering Evidence in Aid of Foreign Litigation Guide |
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Philippines |
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(Asia Pacific)
Firm
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
Contributors
Tranquil Salvador |
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| Does your jurisdiction permit gathering evidence in aid of foreign litigation? | Yes. In the same manner, as domestic litigation, evidence may be gathered in aid of foreign litigation. The evidence to be gathered may be testimonial, documentary, or object evidence. The Philippine Rules on Civil Procedure also allow the taking of a deposition in the Philippines. The deposition may be taken before any judge, notary public, or any person authorized to administer oaths, if the parties so stipulate in writing (Section 10, Rule 23, 2019, Rules of Civil Procedure). Commissions or letters rogatory are permitted in the Philippines. Officers may be designated in notices or commissions either by name or descriptive title and the letters rogatory may be addressed to the appropriate judicial authority (Section 12, Rule 23). Another option is to perpetuate the testimony of a person or persons by filing a verified petition in the place where the expected adverse party resides in the Philippines (Section 1, Rule 24, 2019 Rules of Civil Procedure). |
| Is your jurisdiction a party to the Hague Evidence Convention? Are there other statutory requirements for obtaining evidence in aid of foreign litigation? Please indicate the relevant statutes. | No, the Philippines is not a party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). The Rules of Court primarily govern the gathering of evidence in the Philippines. |
| Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests. | The gathering of evidence does not need approval by a court or administrative body unless the evidence is involved in pending litigation, or in the custody of the court or an administrative body. |
| What types of information can be sought? Requests for Documents? Written questions? Depositions? | In our jurisdiction, any relevant information, as long as it is not privileged, may be gathered (Section 2, Rule 23, 2019 Rules of Civil Procedure; Section 3, Rule 128, 2019 Rules on Evidence; Sections 24, 25, and 26, 2019 Rules on Evidence). This applies to testimonies of witnesses, documentaries, and object evidence. The same standards are observed for modes of discovery, oral deposition (Rule 23), written interrogatories (Rules 23 and 25, 2019 Rules of Civil Procedure), and the production of books, papers and documents (Rule 27, 2019 Rules of Civil Procedure). Subpoena and subpoena duces tecum are processes allowed and recognized in the Philippines for gathering testimonies and other forms of evidence (Rule 21, 2019 Rules of Civil Procedure). |
| Who bears the burden of showing whether any privileges apply? | Since the privilege belongs to the communicating party or the holder of the confidential information, the burden of showing that the privilege applies is on them. It is also them who can waive the privilege. |
| Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending? | The minimum standard for evidence gathering in the Philippines is that it is relevant to the issue and not excluded by the rules and the law (Section 3, Rule 128, 2019 Rules on Evidence). There is therefore no need to show that the evidence gathered is allowable in the foreign jurisdiction where it is to be presented. It is for the proponent of the gathered evidence in the foreign jurisdiction to ensure that it complies with the procedural rules of the forum. |
| If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.) | There is no provision in the Philippine Rules of Court on the taking of oral depositions remotely. However, if the deponent voluntarily submits to the remote taking of his deposition, under the rules of the foreign court, there is no law that is violated unless the subject of the deposition is covered by a privilege, or the person is detained or in prison. In the latter case, court approval will be necessary. |
| Has your jurisdiction adopted any “blocking statutes” that limit the extent to which residents in your jurisdiction may give evidence in a foreign court’s civil or criminal proceedings? | There are no blocking statutes. However, in the Philippines, courts cannot compel witnesses to attend by subpoena if the latter’s residence is more than 100 kilometers, by the ordinary course of travel, from the place where he or she will testify; a prisoner cannot likewise be compelled if no court permission, in the court where his or her case is pending, was obtained (Section 10, Rule 21, 2019 Rules of Civil Procedure). |
| May citizens residing in your jurisdiction voluntarily give evidence in a foreign proceeding? If not, what procedure must be followed before they can give evidence? If such restrictions exist, are they enforced in practice? | Yes, citizens residing in the Philippines can voluntarily give evidence in a foreign proceeding unless he or their counsel invokes a privilege under Sections 24, 25, and 26 of the 2019 Rules on Evidence and other privileges in statutes such as the Bank Secrecy Act (Republic Act No. 1405), Foreign Currency Deposit Act (Republic Act No. 6426), and Expanding the Coverage of Exemptions from Revealing the Source of Published News or Information Act (Republic Act No. 11458). |
| Would your answers differ materially if the foreign proceeding is arbitration, and if so how? | No, our answers will not materially differ. |
Gathering Evidence in Aid of Foreign Litigation Guide
Philippines
(Asia Pacific) Firm Romulo Mabanta Buenaventura Sayoc & De Los AngelesContributors Tranquil Salvador
Updated 24 Mar 2022Yes. In the same manner, as domestic litigation, evidence may be gathered in aid of foreign litigation. The evidence to be gathered may be testimonial, documentary, or object evidence. The Philippine Rules on Civil Procedure also allow the taking of a deposition in the Philippines. The deposition may be taken before any judge, notary public, or any person authorized to administer oaths, if the parties so stipulate in writing (Section 10, Rule 23, 2019, Rules of Civil Procedure). Commissions or letters rogatory are permitted in the Philippines. Officers may be designated in notices or commissions either by name or descriptive title and the letters rogatory may be addressed to the appropriate judicial authority (Section 12, Rule 23). Another option is to perpetuate the testimony of a person or persons by filing a verified petition in the place where the expected adverse party resides in the Philippines (Section 1, Rule 24, 2019 Rules of Civil Procedure).
No, the Philippines is not a party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). The Rules of Court primarily govern the gathering of evidence in the Philippines.
The gathering of evidence does not need approval by a court or administrative body unless the evidence is involved in pending litigation, or in the custody of the court or an administrative body.
In our jurisdiction, any relevant information, as long as it is not privileged, may be gathered (Section 2, Rule 23, 2019 Rules of Civil Procedure; Section 3, Rule 128, 2019 Rules on Evidence; Sections 24, 25, and 26, 2019 Rules on Evidence). This applies to testimonies of witnesses, documentaries, and object evidence. The same standards are observed for modes of discovery, oral deposition (Rule 23), written interrogatories (Rules 23 and 25, 2019 Rules of Civil Procedure), and the production of books, papers and documents (Rule 27, 2019 Rules of Civil Procedure). Subpoena and subpoena duces tecum are processes allowed and recognized in the Philippines for gathering testimonies and other forms of evidence (Rule 21, 2019 Rules of Civil Procedure).
Since the privilege belongs to the communicating party or the holder of the confidential information, the burden of showing that the privilege applies is on them. It is also them who can waive the privilege.
The minimum standard for evidence gathering in the Philippines is that it is relevant to the issue and not excluded by the rules and the law (Section 3, Rule 128, 2019 Rules on Evidence). There is therefore no need to show that the evidence gathered is allowable in the foreign jurisdiction where it is to be presented. It is for the proponent of the gathered evidence in the foreign jurisdiction to ensure that it complies with the procedural rules of the forum.
There is no provision in the Philippine Rules of Court on the taking of oral depositions remotely. However, if the deponent voluntarily submits to the remote taking of his deposition, under the rules of the foreign court, there is no law that is violated unless the subject of the deposition is covered by a privilege, or the person is detained or in prison. In the latter case, court approval will be necessary.
There are no blocking statutes. However, in the Philippines, courts cannot compel witnesses to attend by subpoena if the latter’s residence is more than 100 kilometers, by the ordinary course of travel, from the place where he or she will testify; a prisoner cannot likewise be compelled if no court permission, in the court where his or her case is pending, was obtained (Section 10, Rule 21, 2019 Rules of Civil Procedure).
Yes, citizens residing in the Philippines can voluntarily give evidence in a foreign proceeding unless he or their counsel invokes a privilege under Sections 24, 25, and 26 of the 2019 Rules on Evidence and other privileges in statutes such as the Bank Secrecy Act (Republic Act No. 1405), Foreign Currency Deposit Act (Republic Act No. 6426), and Expanding the Coverage of Exemptions from Revealing the Source of Published News or Information Act (Republic Act No. 11458).
No, our answers will not materially differ.