Purpose of Modes of Discovery

The facts

Who may be deposed?

1. It may be the deposition of a party; or
2. The deposition of a person not a party to the action

Scenario: XvY
X may take the deposition of Y; or
Y May take the deposition of X

X v. Y W (non-party)
A party may take the deposition of another party or the deposition of a person who
is not a party to the action.

For a party to avail himself of the modes of discovery, does the party need leave of court?
1-4 Modes of Discovery:
1. If no answer has not yet filed, the court has acquired jurisdiction over the person of the
defendant by service of summons: Leave of Court is REQUIRED.
2. If an answer has already been filed: Leave of Court is NOT REQUIRED.
5 and 6 Modes of Discovery: Leave of Court is ALWAYS REQUIRED

For what purpose may a deposition be used?

1. If the deposition is that of a party, the deposition can be used for any purpose.

“any purpose” – any of the following:

a) As an evidence to prove a claim or defense
b) For the purpose of contradicting or impeaching the deponent as a witness

2. If the deposition is that of a non-party to the action, the deposition can be used only for the
purpose of contradicting or impeaching the deponent as a witness.
Except:
a) That the witness is dead
b) That the witness is outside of the Philippines
c) That the witness lives more than 100 km from the place of trial
d) That the witness is too infirm as to be able to testify in court

How to make the deposition? How does a deposition be taken?

Upon (1) Oral examination or (2) Written Interrogatories

(1) Oral Examination

Scenario: X v. Y W (non-party)
There is a pending action. X would like to take the deposition of W.
Then X will serve W with:
 A notice for the plaintiff of his deposition.
 The notice indicates the date, time and place for the plaintiff of the
deposition.
  A copy of the notice is filed in court.
 Then a copy will be served to the other party

On the basis of the notice, for the taking of the deposition, the court will issue a
subpoena to W.

Can W refuse?
No, he need to appear before the officer for the taking of his deposition.
The witness will be present to examine W the way that a witness is examined in
court.

 If you are the one who will take the deposition of the witness, you arrange for the officer
to be present with a stenographer. During the examination, you may ask questions the way
you will examine him in court (Questions must be relevant to the issue). The witness may
also be cross-examined by the other party. Then the recorded examination will be sealed
and subjected to the court.

(2) Written Interrogatories

It is the same thing.
 There must be a notice for the plaintiff of the deposition
 Notice indicates the date, time and place for the plaintiff of the deposition.
 A copy of the notice is filed in court.
 Then a copy will be served to the other party

Except this time: Before the date mentioned in the notice, the written
interrogatories must be submitted to the officer, and a copy to the other party.

The other party then will also submit a Cross-Interrogatories.

For the plaintiff of the deposition, the office will bring the questions to the witness.

Scenario: X v. Y W (non-party)
RTC in Baguio, W reside in Baguio.
He gave his deposition, (Note that the deposition cannot be used as evidence)
Suppose X will use the deposition as evidence.

What is the remedy of Y?

Y may opposed and exclude on the ground that it is hearsay.

Then what is the remedy of X?

To let W testify to see if there are inconsistencies in his answer and deposition. It
can be used as a ground to impeach W as a witness. (Prior inconsistency of
Statements)

Scenario: X v. Y W (non-party)
RTC in Baguio. Suppose W resides in Marawi,
You need W to testify, but W does not want to go to Baguio.
 What will be the remedy?
Take the deposition of W in Marawi, give a notice of deposition in the court in the
city of Marawi which will state the date, time and place for the taking of the
deposition. Not in the court of Baguio.
Then the court will issue a subpoena for the taking of the deposition of W.

With that, W cannot anymore invoke his viatory right.

What are the instances when to use Oral Examination and Written Interrogatories?
The Rules does not say. It will depend to the convenience of the person taking the deposition.

Modes of Discovery: #3 Interrogatories to Parties

Distinctions between Interrogatories to Parties and Deposition upon Written Interrogatories
Interrogatories to Parties Deposition upon Written Interrogatories
It is one of the Modes of Discovery It is a mode of taking a deposition.
Only the adverse party may be required to Even a non-party may be asked to give his
answer the written interrogatories served by deposition upon written interrogatories
the other party
Without appearing before an officer. The The deponent have to appear before an officer
adverse party shall simply answer in writing to answer the written interrogatories
and under oath the written interrogatories
served by the other party.

Note: If the defendant fails to answer, the motion of the plaintiff will be in default.

Is there an instance, although that the defendant filed an answer to the complaint, can he still
be declared in default?
Yes, if he refuses to comply with the modes of discovery.
If a defendant did not answer to the written interrogatories, that can be a sanction for the defendant
to be declared in default.

RULE 30: TRIAL

The first to present evidence is the plaintiff, after presenting the evidence the plaintiff RESTS.
Then the second to present evidence will be the defendant, then after, the defendant RESTS.
The court will receive the evidence of the parties
The reception of evidence may also be delegated to the Clerk of Court (who is a member of the
bar)

Instances where the court may delegate the reception of evidence to the Clerk of Court:
1. In Default hearings
2. In Ex Parte hearings
3. In all cases in which the parties agree in writing.

 If the defendant is declared in default, then the court can render judgment against him based
on the facts pleaded on the complaint; but in the discretion of the court, the court may
require the plaintiff to present evidence against the defendant ex parte.
Rule 30 Sec. 5 – The reception of evidence can be delegated to the Clerk of Court.

RULE 33: DEMURRER TO EVIDENCE

Demurrer to Evidence – is a motion to dismiss on the ground of insufficiency of evidence and is

filed after the plaintiff has rested his case.
Insufficiency of Evidence – According to the rules, “on the ground that upon the facts and
the law, plaintiff shows no facts of relief”

 The plaintiff will present his evidence in chief. The plaintiff will call witnesses and then
present evidence (Testimonial, Documentary, etc.)
 After presenting the evidence in chief, the plaintiff will rest his case.
 Then the defendant will also present his evidence, but instead of filing his evidence, the
defendant may file a Demurrer to Evidence.

Who files the Demurrer?

The defendant

In a civil case, the defendant does not need leave of court to file a demurrer to evidence.

EFFECTS of the Demurrer

GRANTED DENIED
The case is dismissed, upon the finding of the court that the The Defendant does not lose the
evidence is not sufficient. right to present evidence.

Remedy of the Plaintiff: To file an appeal to the higher

court.

ON APPEAL, the court may

1) Affirm; or
2) Reverse the dismissal
AFFIRMED: REVERSED:
The case remains The court will render
Dismissed. judgment.

The appellate court finds that In the mind of the court, the
the evidence is not evidence is sufficient;
sufficient. therefore, the appellate court
will render judgment on the
basis of evidence presented
by the plaintiff.

The Defendant will lose his

right to present evidence.

NOTE: Granted + Reverse = The Defendant will lose his right to present evidence.
Suppose the Appellate Court, reverses the dismissal, will it remand the case to the lower court?
No, in case of a reversal of the dismissal, the court will render judgment. The basis will be on the
evidence presented by the plaintiff in the case below.

Scenario: The trial court granted the Demurrer to evidence and dismissed the case, the
plaintiff appealed. On appeal, the court reversed the dismissal and remanded the
case to the lower court. Directing the lower court to receive the evidence of the
defendant.

Is the appellate court correct?

No, the appellate court should already render judgment and not remand the case to
the lower court.

Distinctions of Demurrer to evidence in a civil case and criminal case:

CIVIL CASE CRIMINAL CASE
In both, the ground is insufficiency of evidence
The court may dismiss the action for The court may dismiss the case for
insufficiency of evidence only upon motion of insufficiency of evidence on the court’s own
the defendant. initiative after giving the prosecution the
opportunity to be heard or upon motion filed
by the accused.
Leave of court is not required. Leave of court may or may not be required.
Defendant’s demurrer to evidence is granted If the court grants the demurrer to evidence
by the court, the case is dismissed but plaintiff filed by the accused, the case is dismissed, but
may appeal from the order of the dismissal. the persecution cannot appeal from the order of
dismissal because such appeal will place the
accused in double jeopardy.

RULE 34: JUDGMENT ON THE PLEADINGS

There will be no more trial because the case will be decided by the courts based on the pleadings.
No presentation of evidence anymore.

When can there be judgment on the pleadings?

When the answer of the defendant fails to tender an issue or admits the material allegations in the
complaint. Then, on motion of the plaintiff, the court may render a judgment of the pleadings.

When does an answer fails to tender an issue?

If the denial is not in the form of a specific denial.

When does an answer admits the material allegations in the complaint?

1) If the answer expressly confesses to the truth of the allegation; or
2) The defendant fails to deal with it at all.

Instances that Judgment on the Pleadings is not allowed

Legal Separation, Annulment of Marriage, Declaration of Nullity of Marriage
 RULE 35: SUMMARY JUDGMENTS
Also known as Accelerated Judgment

In a summary judgment, there is no genuine issue as to any material fact and the moving party is
entitled to judgment as a matter of law.

In a summary judgment, there is no pending issue.

In a judgment on the pleadings, the answer fails to tender an issue.

In a summary judgment, there is no genuine issue

No Genuine Issue – There is an apparent issue, but the issue turns out to be a sham or
false.

How will you show that the issue is not genuine?

By pleadings, admission, deposition or affidavit.

Scenario: X files against Y for collection of 5M

Y files an answer alleging that he already paid
It tenders an issue. The issue is whether the 5M has already been paid.
In the Pre-Trial, Y cannot provide a receipt. His reason is because he did not pay
yet. (The issue turns out to be false)
Then there will be a summary judgment.

Best Distinction: In Judgment on the Pleadings, there is no issue at all!