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Act No. 190 Section 355

Deposition of a witness within the Philippine Islands.

Section 355

SEC. 355. Deposition of a witness within the Philippine Islands. — The testimony of a witness in the Philippine Islands may be taken by deposition, in an action, any time after the service of the summons or the appearance of the defendant, and, in a special proceeding, after the question of fact has arisen therein, in the following cases: 1. When the witness is a party to the action or proceeding, or an officer, or a member of a corporation which is a party to the action or proceeding, or a person or whose immediate benefit the action of proceeding is prosecuted or defended; 2. When the witness resides out of the province in which his testimony is to be used; 3. When the witness is about to leave the province where the action is to be tried and will probably continue absent when the testimony is required; 4. When the witness otherwise liable to attend the trial is nevertheless too ill or infirm to attend; 5. When the testimony is required upon a motion, or in any other case, when the oral examination of a witness is not required; 6. When the witness is the only one who can establish facts or a fact material to the issue: Provided, The deposition of such witness shall not be used if his presence can be procured at the time of the trial of the cause.

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationAct No. 190 Section 355 (LawPlayer, data as of 2026-07-04)

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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