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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Under Sec. 2 of A.M. No. 25-02-17-SC (Rules on Transmission and Execution of Letters of Request for Taking of Evidence under the 1970 Hague Evidence Convention), a foreign court issues a Letter of Request addressed to the Philippine Central Authority for taking of evidence from a witness residing in Tacloban City. After receipt, the Central Authority forwards the LoR to the competent authority in Tacloban City to take the deposition and to return the results with a certificate of execution. Which statement best describes the sequence and roles of Transmission and Execution, and who may act as the Central Authority and the Competent Authority in the Philippines, as well as what constitutes proper execution under the Rules?

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Transmission and execution are identical steps, performed by the Central Authority alone; there is no separate competent authority, and a Certificate of Execution is not required. Transmission refers to sending the Letter of Request from the foreign court to the Philippine Central Authority, which then forwards the LoR to the competent authority in Tacloban City to take the deposition and return the results with a Certificate of Execution; in the Philippines the Central Authority is the Supreme Court, and the Competent Authority is the RTC of the place where the witness resides (here Tacloban City); proper execution requires the competent authority to certify that the deposition was taken in accordance with the LoR and to attach the Certificate of Execution to the record. The Certificate of Execution is issued by the Central Authority rather than by the competent authority, which is permissible under Sec. 2. The Central Authority may itself be the foreign court; the Competent Authority is the Philippine Embassy; the deposition is conducted by embassy personnel, and the Certificate of Execution is issued by the embassy.

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