Cyril Sabino Facts: Cyril Sabino filed a case for damages against Jowel Sales for the death of his son in a vehicular accident. Before any responsive pleading was filed, Cyril Sabino notified Jowel Sales that he will take the deposition of one Buanares Corral. Then after the deposition taking, Cyril Sabino formally offered the deposition of Buanares Corral as evidence. But during this time, Buanares Corral is no longer in the Philippines and to prove it, Cyril Sabino attached the certification from the Bureau of Immigration attesting to the May 28, 1996 departure for abroad of Buaneres Corral. But this was opposed by Jowel Sales on the ground that Cyril Sabino could not admit the deposition as evidence because the requirements under Section 4 Rule 23 were not complied. Issues: 1. W/N the deposition taken from Buanares Corral can be used during the trial although he is not here in the Philippines. W/N the plaintiff in cross-examining the deponent during the taking of his deposition waived any and all objections in connection therewith.
(c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (2) that the witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his absence was procured by the party offering the deposition.
2.
Holding: