Short answer. Yes, in specific circumstances. A witness's deposition may be used for any purpose at trial if the court finds the witness is dead, resides more than one hundred kilometers from the place of trial or hearing, is out of the Philippines, or cannot attend due to age, sickness, infirmity, or imprisonment.
What the law says
The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: that the witness is dead; or that the witness resides at a distance more than one hundred kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his or her absence was procured by the party offering the deposition; or that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or that the party offering the deposition has been unable to procure the attendance of the witness by subpoena
Rule 23, Section 4 — Use of depositions. Read the full provision →
Distance, absence from the country, and death all qualify
The rule lets a deposition be used if the court finds that the witness is dead; or that the witness resides at a distance more than one hundred kilometers from the place of trial or hearing, or is out of the Philippines. A witness who has since moved abroad, or who simply lives too far from the courthouse, can have their earlier deposition used in place of live testimony once the court makes this finding.
This distance-based ground does not apply, however, if the witness's absence was procured by the very party now offering the deposition.
Age, sickness, and inability to secure attendance also count
The same provision covers a witness who is unable to attend or testify because of age, sickness, infirmity, or imprisonment, and separately covers a case where the party offering the deposition has been unable to procure the attendance of the witness by subpoena. A witness too ill to travel to the courthouse falls squarely within this ground, without needing to show anything more than that inability.
The court still has to make a finding before allowing it
None of these grounds is self-executing — the deposition is usable if the court finds one of these circumstances actually exists. A party wanting to substitute a deposition for live testimony has to place the relevant facts, such as the witness's illness or their distance from the courthouse, before the court and obtain that finding before the deposition can be used at trial.
Why this matters when a key witness cannot appear
A party should not assume a witness's absence automatically dooms their case; if a proper deposition was already taken and one of these grounds can be shown, that testimony can still reach the trial court through this rule. Taking the deposition properly and early, well before trial, is what makes this option available later if the witness later becomes unavailable for any of these recognized reasons.