Modes of Discoveries

NEW ERA UNIVERSITY
REMEDIAL LAW REFRESHER COURT

SECTION – B
SATURDAY 8:00AM TO 12:00NN
ATTY. CHRISTIAN VILLASIS
MODES OF DISCOVERIES
BASIC CONCEPTS
1. What is a mode of discovery?
1.1. devise to obtain information;

1.2. relevant matters;
1.3. in preparation for trial.
2. What are the purposes of modes of discoveries?
2.1. narrow, simply and clarify basic issues;

2.2. ascertain facts;
2.3. detect false and fraudulent claims and defenses;
2.4. avoid perjury’ and,
2.5. expedite proceeding;
3. What is the nature of modes of discoveries?
3.1. discretionary; and

3.2. cumulative
4. What are the modes of discovery under the Rules?
4.1. Deposition pending action (Rule 23);

4.2. Deposition before action or pending appeal (Rule 24);
4.3. Interrogatories to parties (Rule 25);
4.4. Admission by adverse party (Rule 26);
4.5. Production or inspection of documents or things (Rule 27); and
4.6. Physical and mental examination of persons (Rule 28).
5. What is a deposition?
5.1. taking of testimony;

5.2. testimony itself.
6. What are the kinds of deposition?
As to manner of taking
6.1. Deposition by oral examination;

6.2. Deposition by written interrogatories.
DEPOSITION PENDING ACTION
7. How will the taking of deposition be availed of?
7.1. By leave of court;

7.2. After an answer has been served.
8. Right to take deposition vis-à-vis right to use them
The utmost freedom is allowed in taking deposition, on the other hand,

restrictions are imposed upon their use.
9. What is the scope and limitation of deposition?
Any matter, not privileged, which is relevant to the subject of the pending
action.
10. What are the use and purpose of deposition?
10.1. contradicting or impeaching the testimony of the deponent as a

witness;
10.2. For any purposes when the witness is:
i. officer, director, or managing agent of a public or private

corporations, partnership, or association;
ii. dead;
iii. residing at a distance more than 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; or
iv. unable to attend or testify because of age, sickness,
infirmity, or imprisonment; or
v. has been able unable to procure the attendance of the
witness by subpoena; or
vi. exceptional circumstances exist.
11. When to object on the admissibility of deposition?
11.1. At the trial; or

11.2. Hearing to receiving in evidence any deposition or part thereof.
12. What is the effect of the taking of deposition?
A party shall not be deemed to make a person his own witness for any
purpose by taking his deposition.
13. What is the effect of using a deposition?
GR. Makes the deponent the witness of the party introducing the
Deposition.
EXPN. This shall not apply to the use by an adverse party of a deposition
as described in paragraph (b) of Sec. 4 of Rule 23.
14. Who may take the deposition of a person in the Philippines?

14.1. Any judge;
14.2. Notary public;
14.3. Before any person authorized to administer oaths, if the party
stipulates in writing.
15. Who may take depositions in foreign countries?
15.1. Secretary of embassy or legation, consul general, consul, vice-

consul, or consular agent of the Republic of the Philippines;
15.2. Such person or officer or officer as may be appointed by
commission or under letter rogatory; or
15.3. Any person authorized to administer oath;
16. What are the distinction between letter commission and letter rogatory?
Letter commission is an instrument issued by a court of justice, or

other competent tribunal to authorize a person to take depositions, or
any other act by authority of such court or tribunal;
Whereas, letter rogatory is an instrument whereby a foreign court is

informed of the pendency of a case and the name of a foreign witness,
and is requested to cause their depositions to be taken in due course of
law for the furtherance of justice, with an offer on the part of the court
making the request, to do the like for the other, in a similar case.
17. Who are the persons disqualified to take deposition?
17.1. A person who is a relative within the sixth degree of consanguinity

or affinity;
17.2. Employee or counsel of any of the parties; or
17.3. A relative within the same degree, or employee of such counsel;
17.4. Persons who is financially interested in the action.
DEPOSITION BEFORE ACTION
18. How can deposition before action be commenced?
18.1. File a petition regarding:
i. Any matter that may be cognizable in any court of the

Philippines; and
ii. In the court of the place of the residence of any expected
adverse party.
19. What are the uses of deposition?
9.1. It would be admissible in evidence;

9.2. It may be used in any action involving the same subject matter
subsequently brought in accordance with the provisions of Secs 4
and
5 of Rules 23.
DEPOSITION PENDING APPEAL
20. How is deposition pending appeal being made?
20.1. Motion in the said Court for leave to take the depositions; and
20.2. Notice and service thereof.
21. What is an interrogatory?
Is a question in writing exhibited, that is addressed, to a party to an

action by an adverse party, before trial of the action, and answered in
writing under oath.
22. How will interrogatories to parties be made?
22.1. File and serve to:
i. the adverse party;

ii. If the party served is a public or private corporation,
partnership or association, by any officer competent to
testify in its behalf.
23. What are the requirements in case of a response to interrogatories?
23.1. The interrogatories shall be answered fully in writing; and

23.2. It shall be signed and sworn to by the person making them;
24. When to file an answer to interrogatories?
24.1. File and serve a copy of the answers on the party submitting the
interrogatories within fifteen (15) days after service;
24.2. Unless the court, on motion and for good cause shown, extends or
shorten the time.
25. When to file objections to interrogatories?
It may be filed within 10 days after service thereof, with notice as in case
of a motion.
26. What is the effect of filing of objections?
It would defer the filing of the answer until the objections are resolved.
27. What are the effect of failure to serve interrogatories?
A party not served with written interrogatories may not be:
27.1. Compelled by the adverse party to give testimony in open court; or

27.2. To give deposition pending appeal.
28. Distinguish written interrogatories under Rule 25 and written

interrogatories under Rule 23.
In Rule 25, it is directly served to the adverse party; whereas, in Rule

23, the deponent is a third person not necessarily a party;
In Rule 25, no officer to take deposition is required; while in Rule 23 it

is required that tit will be taken by a deposition officer;
In Rule 25, it seeks to disclose all material and relevant facts from a
party; whereas, in Rule 23 it is only intended for the purpose of
clarifying ambiguities in a pleading or to state with sufficient
definiteness the allegations in the pleading;
In Rule 25, it is not directed to a pleading but to the material and

relevant facts within the knowledge of the adverse party; while in Rule
23 it is directed to the pleading with ambiguous allegations;
29.

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NEW ERA UNIVERSITY

REMEDIAL LAW REFRESHER COURT

1. What is a mode of discovery?

1.1. devise to obtain information;

2. What are the purposes of modes of discoveries?

2.1. narrow, simply and clarify basic issues;

3. What is the nature of modes of discoveries?

3.1. discretionary; and

4. What are the modes of discovery under the Rules?

4.1. Deposition pending action (Rule 23);

5.1. taking of testimony;

6. What are the kinds of deposition?

6.1. Deposition by oral examination;

7. How will the taking of deposition be availed of?

7.1. By leave of court;

8. Right to take deposition vis-à-vis right to use them

The utmost freedom is allowed in taking deposition, on the other hand,

9. What is the scope and limitation of deposition?

10. What are the use and purpose of deposition?

10.1. contradicting or impeaching the testimony of the deponent as a

i. officer, director, or managing agent of a public or private

11. When to object on the admissibility of deposition?

11.1. At the trial; or

12. What is the effect of the taking of deposition?

13. What is the effect of using a deposition?

14. Who may take the deposition of a person in the Philippines?

15. Who may take depositions in foreign countries?

15.1. Secretary of embassy or legation, consul general, consul, vice-

Letter commission is an instrument issued by a court of justice, or

Whereas, letter rogatory is an instrument whereby a foreign court is

17. Who are the persons disqualified to take deposition?

17.1. A person who is a relative within the sixth degree of consanguinity

18. How can deposition before action be commenced?

18.1. File a petition regarding:

i. Any matter that may be cognizable in any court of the

19. What are the uses of deposition?

9.1. It would be admissible in evidence;

DEPOSITION PENDING APPEAL

20. How is deposition pending appeal being made?

Is a question in writing exhibited, that is addressed, to a party to an

22. How will interrogatories to parties be made?

22.1. File and serve to:

i. the adverse party;

23. What are the requirements in case of a response to interrogatories?

23.1. The interrogatories shall be answered fully in writing; and

24. When to file an answer to interrogatories?

25. When to file objections to interrogatories?

26. What is the effect of filing of objections?

27. What are the effect of failure to serve interrogatories?

A party not served with written interrogatories may not be:

27.1. Compelled by the adverse party to give testimony in open court; or

28. Distinguish written interrogatories under Rule 25 and written

In Rule 25, it is directly served to the adverse party; whereas, in Rule

In Rule 25, no officer to take deposition is required; while in Rule 23 it

In Rule 25, it is not directed to a pleading but to the material and

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