MODES OF DISCOVERY

 The modes of discovery are designed to serve as additional device

aside from pre-trial.

- To obtain information about relevant matters on the case.

- To permit mutual knowledge before trial about relevant facts.

- Either party may compel the other to disgorge facts whatever

he has in his possession.
 DEPOSITIONS PENDING ACTION (Rule 23)
 DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
(Rule 24)

 DEPOSITION
 - It is the taking of the testimony of any person, whether he be a party
or not, at the instance of a party to the action.
DEPOSITION DE BENNE ESSE

 If the deposition is for use during a pending action

 Governed by Rule 23

DEPOSITION IN PERPETUAM REI MEMORIAM

 If it is to perpetuate a testimony for use in future proceeding, before an

action or pending an appeal
 Governed by Rule 24
DEPOSITION PENDING ACTION
WHEN MAY BE TAKEN: (sec 1, R.23)
 1. Before service of an answer
 but after jurisdiction has been acquired over the
defendant or over the property
 WITH LEAVE OF COURT
2. After service of an answer
 WITHOUT LEAVE OF COURT

DEPOSITION OF A PRISONER
 ONLY WITH LEAVE OF COURT
2 METHODS:

 A) ORAL EXAMINATION (Sec 15, R. 23)

 B) WRITTEN INTERROGATORY (Sec 25, R. 23)

 THE ATTENDANCE OF THE WITNESSES MAY BE COMPELLED BY
THE USE OF SUBPOENA.

 Subpoena is a process directed to a person requiring him to

attend and to testify at the hearing or the trial of an action,
or at any investigation conducted by competent authority, or
for the taking of his deposition. It may also require him to
bring with him any books, documents, or other things under
his control, in which case it is called a subpoena duces
tecum. (Sec 1, R. 21)
WHO ISSUES?
 the court of the place where the deposition is to be taken
(Sec 2b, R. 21)
Before Whom Taken

 A. Within the Philippines (Section 10)

 Depositions may be taken before:
1. any judge
2. notary public;
3. any person authorized to administer oaths if the party so
stipulate in writing (Section 14, Rule 23, ROC)
 B. Outside the Philippines (Section 11)

 Depositions may be taken before:

1. a secretary of an embassy or legation, consul general, consul, vice-consul, or
consular agent of the Republic of the Philippines;
2. such person or officer as may be appointed by commission or letters
rogatory;
3. a person authorized to administer oaths by written stipulation of the parties
Commisson
 is an instrument issued by a court of justice, or other competent
tribunal, directed to a magistrate by his official designation or to an
individual by name, authorizing him to take the depositions of the
witnesses named therein
 taken in accordance with the rules laid down by the court issuing the
commission
 commissions are directives to officials of the issuing jurisdiction
 Letters Rogatory

 is a request to a foreign court to give its aid, backed by its

power, to secure desired information

 the methods of procedure are under the control of the foreign

tribunal
 Section 12. Commission or letters rogatory. — A commission or
letters rogatory shall be issued only when necessary or convenient,
on application and notice, and on such terms, and with such
direction as are just and appropriate. Officers may be designated in
notices or commissions either by name or descriptive title and
letters rogatory may be addressed to the appropriate judicial
authority in the foreign country.
Note:
No deposition shall be taken before a person who
is a relative within the sixth degree of consanguinity
or affinity, or employees or counsel of any of the
parties; or who is a relative within the same degree,
or employee of such counsel; or who is financially
interested in the action.
(Section 13, Rule 23, Disqualification of interest)
USE OF DEPOSITIONS
Rule 23 Sec.4
Rule 24 Sec.6
Rule 23 Sec. 4
Section 4. Use of depositions. — At the trial or upon the
hearing of a motion or an interlocutory proceeding, any part
or all of a deposition, so far as admissible under the rules of
evidence, may be used against any party who was present
or represented at the taking of the deposition or who had due
notice thereof, in accordance with any one of the following
provisions;

(a) Any deposition may be used by any party for the purpose
of contradicting or impeaching the testimony of deponent
as a witness;
(b) The deposition of a party or of any one who at the time of
taking the deposition was an officer, director, or managing
agent of a public or private corporation, partnership, or
association which is a party may be used by an adverse party
for any purpose;

(c) The deposition of a witness, whether or not a party, may

be used by any party for any purpose if the court finds: (1)
that the witness is dead, or (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, or (3) that the witness is unable to attend or
testify because of age, sickness, infirmity, or imprisonment, or
(4) that the party offering the deposition has been unable to
procure the attendance of the witness by subpoena; or (5)
upon application and notice, that such exceptional
circumstances exist as to make it desirable, in the interest of
justice and with due regard to the importance of presenting
the testimony of witnesses orally in open court, to allow the
deposition to be used; and

(d) If only part of a deposition is offered in evidence by a party,

the adverse party may require him to introduce all of it which
is relevant to the part introduced, and any party may introduce
any other parts. (4a, R24)
Rule 24 Sec. 6
Section 6. Use of deposition. — If a deposition to perpetuate
testimony is taken under this Rule, or if, although not so
taken, it would be admissible in evidence, it may be used in
any action involving the same subject matter subsequently
brought in accordance with the provisions of sections 4 and 5
of Rule 23.
EXAMINATION OF THE DEPONENT

 A party desiring to take the deposition of any person upon oral

examination shall give reasonable notice in writing to every party to
the action (Sec. 15, Rule 23, Rules of Court).
 Time and place of taking of the deposition
 Name and address or general description of each person to be examined

 After the notice is served, the court may make any order for the
protection of the parties and the deponents against annoyance,
embarrassment, or oppression (Sec. 16, Rule 23, Rules of Court).
EXAMINATION OF THE DEPONENT

 The attendance of deponents may be compelled by the use of a

subpoena (Sec. 1, Rule 23, Rule of Court).

 Proof of service of a notice to take a deposition shall constitute

sufficient authorization for the issuance of subpoenas for the persons
named in the notice (Sec. 5, Rule 21, Rules of Court).

 The subpoena shall be issued by the clerk of court of the place in which
the deposition is taken (Sec. 5, Rule 21, Rules of Court).
EXAMINATION OF THE DEPONENT

 The deponent has the same rights as a witness (Sec.3, Rule 23, Rules of
Court).
 To be protected from irrelevant, improper, or insulting questions, and from
harsh or insulting demeanor
 Not to be detained longer than the interests of justice require
 Not to be examined except only as to matters pertinent to the issue
 Not to give an answer which will tend to subject him to a penalty for an
offense
 Not to give an answer which will tend to degrade his reputation (Sec. 3, Rule
132, Rules of Court)
EXAMINATION OF THE DEPONENT

 The deponent may be examined or cross-examined following the

procedures for witnesses in a trial (Sec.3, Rule 23, Rules of Court).
 Direct examination by the proponent - examination by the party presenting
him on the facts relevant to the issue (Sec. 5, Rule 132, Rules of Court)
 Cross examination by the opponent - examination by the adverse party as
to any matters stated in or connected with the direct examination (Sec. 6,
Rule 132, Rules of Court)
 Re-direct examination by the proponent - examination by the party
presenting him in order to explain or supplement his answers during the cross
examination or on any matters not dealt with in the cross examination, as
may be allowed by court (Sec. 7, Rule 132, Rules of Court)
 Re-cross examination by the opponent - examination by the adverse party
as to any matters stated in the re-direct examination or on such other
matters, as may be allowed by court (Sec. 8, Rule 132, Rules of Court)
EXAMINATION OF THE DEPONENT

 The deponent may be impeached like a court witness by the adverse

party (1, 2) or the party presenting him (3, 4) (Sec.3, Rule 23, Rules of
Court).
 Evidence that his general reputation for truth, honesty, or integrity is bad
 Evidence that he has made at other times statements inconsistent with his
present testimony (Sec. 11, Rule 132, Rules of Court)
 Unwilling or hostile witness
 Witness is an adverse party or an officer, director, or managing agent of a
public or private corporation or of a partnership or association which is an
adverse party (Sec. 12, Rule 132, Rules of Court)
EXAMINATION OF THE DEPONENT

 The deponent may be examined regarding any matter not privileged,

which is relevant to the pending action, whether relating to the claim or
defense of any party (Sec. 2, Rule 23, Rules of Court).
 Existence, description, nature, custody, condition and location of any books,
documents, or other tangible things
 Identity and location of persons having knowledge of relevant facts

 Privileged communication include, but are not limited to:

 Communication between husband and wife
 Communication between attorney and client
 Communication between physician and patient
 Communication between priest and penitent
 Communication of public officers involving public interest (Sec. 24, Rule 130)
EXAMINATION OF THE DEPONENT

 The officer before whom the deposition is taken has no authority to rule
on the objections interposed during the course of the deposition
although any objections shall be noted by the officer upon the
deposition (Sec. 17, Rule 23, Rules of Court).
 Qualifications of the officer taking the deposition or the manner of taking it
 Evidence presented or the conduct of any of the parties

 Any evidence that is objected shall still be taken but subject to the
objection (Sec. 17, Rule 23, Rules of Court).

 At the trial or hearing, any party may rebut any relevant evidence
contained in a deposition whether introduced by him or by any other
party (Sec. 9, Rule 23, Rules of Court).
Depositions
Rule 23, Sec. 15-22
Rimando, L.
“ A party desiring to take the deposition of any person upon oral examination
shall give reasonable notice in writing, to every other party to the action. The
notice shall state the time and place for taking the deposition and the name
and address of each person to be examined, if known, and if the name is not
known, a general description sufficient to identify him or the particular class
or group to which he belongs. On motion of any party upon whom the notice
is served, the court may for cause shown enlarge or shorten the
time. (15, R24)
“
Sec. 15
Deposition upon oral examination; notice; time and place
“
After notice is served for taking a deposition by oral examination, upon motion
seasonably made by any party or by the person to be examined and for good cause
shown, the court in which the action is pending may make an order that the deposition
shall not be taken, or that it may be taken only at some designated place other than that
stated in the notice, or that it may be taken only on written interrogatories, or that certain
matters shall not be inquired into, or that the scope of the examination shall be held with
no one present except the parties to the action and their officers or counsel, or that after
being sealed the deposition shall be opened only by order of the court, or that secret
processes, developments, or research need not be disclosed, or that the parties shall
simultaneously file specified documents or information enclosed in sealed envelopes to b
e opened as directed by the court or the court may make any other order which justice re
“
quires to protect the party or witness from annoyance, embarrassment, or oppression.

Sec. 16
Orders for the protection of parties and deponents.
“
The officer before whom the deposition is to be taken shall put the witness on oath and
shall personally, or by some one acting under his direction and in his presence, record
the testimony of the witness. The testimony shall be taken stenographically unless the
parties agree otherwise. All objections made at the time of the examination to the
qualifications of the officer taking the deposition, or to the manner of talking it, or to the
evidence presented, or to the conduct of any party, and any other objection to the
proceedings, shall be noted by the officer upon the deposition. Evidence objected to
shall be taken subject to the objections. In lieu of participating in the oral examination,
parties served with notice of taking a deposition may transmit written interrogatories to
the officers, who shall propound them to the witness and record the answers verbatim.
“
(17, R24)

Sec. 17
Record of examination, oath; objections.
“
At any time during the taking of the deposition, on motion or petition of any party or of
the deponent, and upon a showing that the examination is being conducted in bad faith o
r in such manner as unreasonably to annoy, embarrass, or oppress the deponent or
party, the court in which the action is pending or the Regional Trial Court of the place
where the deposition is being taken may order the officer conducting the examination to
cease forthwith from taking the deposition, or may limit the scope and manner of the
taking of the deposition, as provided in section 16 of this Rule. If the order made
terminates the examination, it shall be resumed thereafter only upon the order of the
court in which the action is pending. Upon demand of the objecting party or deponent,
the taking of the deposition shall be suspended for the time necessary to make a notice
for an order. In granting or refusing such order, the court may impose upon either party
“
or upon the witness the requirement to pay such costs or expenses as the court may
deem reasonable. (18a, R24)

Sec. 18
Motion to terminate or limit examination.
 When the testimony is fully transcribed, the deposition shall be submitted to the witness f

“
or examination and shall be read to or by him, unless such examination and reading are
waived by the witness and by the parties. Any changes in form or substance which the
witness desires to make shall be entered upon the deposition by the officer with a
statement of the reasons given by the witness for making them. The deposition shall the
n be signed by the witness, unless the parties by stipulation waive the signing or the
witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the w
itness, the officer shall sign it and state on the record the fact of the waiver or of the
illness or absence of the witness or the fact of the refusal to sign together with the
reason be given therefor, if any, and the deposition may then be used as fully as though
signed, unless on a motion to suppress under section 29 (f) of this Rule, the court holds t
hat the reasons given for the refusal to sign require rejection of the deposition in whole or
“
in part. (19a, R24)

Sec. 19
Submission to witness; changes; signing.
“ The officer shall certify on the deposition that the witness was duly sworn to by him and
that the deposition is a true record of the testimony given by the witness. He shall then
securely seal the deposition in an envelope indorsed with the title of the action and
marked "Deposition of (here insert the name of witness)" and shall promptly file it with
the court in which the action is pending or send it by registered mail to the clerk thereof
for filing. (20, R24) “
Sec. 20
Certification, and filing by officer.
“ Upon payment of reasonable charges therefor, the officer shall furnish a copy of the
deposition to any party or to the deponent. (22, R24)

“
Sec. 22
Furnishing copies.
FAILURE TO ATTEND OF PARTY GIVING
NOTICE (Sec 23, R. 23)

 If the party giving the notice of the taking of a deposition

fails to attend and proceed therewith and another attends in
person or by counsel pursuant to the notice, the court may
order the party giving the notice to pay such other party the
amount of the reasonable expenses incurred by him and
his counsel in so attending, including reasonable
attorney's fees.
FAILURE OF PARTY GIVING NOTICE TO
SERVE SUBPOENA (Sec 24, R. 23)
 If the party giving the notice of the taking of a deposition of
a witness fails to serve a subpoena upon him and the witness
because of such failure does not attend, and if another party
attends in person or by counsel because he expects the
deposition of that witness to be taken, the court may order
the party giving the notice to pay to such other party the
amount of the reasonable expenses incurred by him and his
counsel in so attending, including reasonable attorney's
fees.
EFFECT OF ERRORS AND IRREGULARITIES
IN DEPOSITIONS (Sec 29, R. 23)
 (a) As to notice. — All errors and irregularities in the notice for taking a
deposition are waived unless written objection is promptly served upon the
party giving the notice.
 (b) As to disqualification of officer. — Objection to taking a deposition because
of disqualification of the officer before whom it is to be taken is waived unless
made before the taking of the deposition begins or as soon thereafter as the
disqualification becomes known or could be discovered with reasonable
diligence.
 (c) As to competency or relevancy of evidence. — Objections to the
competency of witness or the competency, relevancy, or materiality of testimony
are not waived by failure to make them before or during the taking of the
deposition, unless the ground, of the objection is one which might have been
obviated or removed if presented at that time.
 (d) As to oral examination and other particulars. — Errors and irregularities
occurring at the oral examination in the manner of taking the deposition in the
form of the questions or answers, in the oath or affirmation, or in the conduct of
the parties and errors of any kind which might be obviated, removed, or cured if
promptly prosecuted, are waived unless reasonable objection thereto is made at
the taking of the deposition.
 (e) As to form of written interrogatories. — Objections to the form of written
interrogatories submitted under sections 25 and 26 of this Rule are waived
unless served in writing upon the party propounding them within the time
allowed for serving succeeding cross or other interrogatories and within three (3)
days after service of the last interrogatories authorized.
 (f) As to manner of preparation. — Errors and irregularities in the manner in
which the testimony is transcribed or the deposition is prepared, signed,
certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the
officer under sections 17, 19, 20 and 26 of this Rule are waived unless a motion
to suppress the deposition or some part thereof is made with reasonable
promptness after such defect is, or with due diligence might have been,
ascertained.
RULE 24: Deposition
Before Action or
Pending Appeal

Darwin H Rivera
Reporter
 Depositions Before Action
 This type of deposition is availed of when a person desires
to perpetuate his own testimony or that of another person
regarding any matter that may be cognizable in any court
of the Philippines.
 The perpetuation of a testimony is done by filing a verified
petition in the place of the residence of any expected
adverse party.
Contents of Petition

The petition shall be entitled in the name of the petitioner and shall
show:
 That the petitioner expects to be a party to an action in a court of
the Philippines but is presently unable to bring it or cause it to be
brought.
 The facts which he desires to establish by the proposed testimony
and his reasons for desiring to perpetuate it.
 The subject matter of the expected action and his interest therein.
 The names or a description of the persons he expects will be adverse
parties and their addresses.
 The names and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit from each.
Notice and Service
-The petitioner shall serve a notice upon each
personnamed in the petition as an expected party,
-The copy of the petition, stating that the petitioner will
apply to the court, at a time and place named therein.
-At least 20 days before the date of the hearing, the court
shall cause notice in the manner provided for service of
summons to the following
a. The parties,
b. Prospective deponents
Order and Examination
If the court is satisfied that the perpetuation of the
testimony may prevent a failure or delay of justice,
 it shall make an order designating or describing the
persons whose depositions may be taken and
specifying the subject matter of the examination
 Whether the depositions shall be taken upon oral
examination or written interrogatories
The depositions may then be taken in accordance with
Rule 23 before the hearing.
Reference to Court
The Court in which the action is pending shall be deemed
to refer to the court in which the petition for such deposition
was filed.
DEPOSITIONS PENDING APPEAL
-The court in which the judgment was rendered may allow the taking
of depositions of witnesses to perpetuate their testimony for use in the
event of further proceedings in said court.
-The party who desires to perpetuate the testimony may make a
motion in said court for leave to take the depositions.
-NOTICE AND SERVICE to be made shall be made in the same
manner as if the action is pending.
-THE MOTION SHALL STATE
1.Names and addresses of the persons to be examined
2.The substance of the testimony he expect
3.The reason for perpetuating their testimony.
-If the court finds that the perpetuation of the testimony is
proper to avoid failure or delay of justice, it may make an
order allowing the despositions to be taken, and thereupon
the depositions may be taken and used in the same
manner and under the same conditions as are prescribed
in the rules for depositions taken in pending actions.
 -END-

Thank You!