Practice Court II

VOLTAIRE T. DUANO

RULES OF DISCOVERY ARE GOVERNED BY THE FOLLOWING:

RULE 23-DEPOSITION PENDING ACTION
RULE 24-DEPOSITION BEFORE ACTION OR PENDING APPEAL
RULE 25 INTERROGATORIES TO PARTIES
RULE 26 ADMISSION BY ADVERSE PARTY
RULE 27 PRODUCTION OR INSPECTION OF DOCUMENTS OR

THINGS
RULE 28 PHYSICAL AND MENTAL EXAMINATION OF PERSONS
RULE 29-REFUSAL TO COMPLY WITH MODES OF DISCOVERY

OVERVIEW OF RULE 23
PRE-DEPOSITION STAGE
Related provisions of Rules 21, 23 and 71
ORAL EXAMINATIONS AND WRITTERN INTERROGATORIES

Sections 1, 4,10,11,12,13,14,15,25,Rule 21, Sec. 2(d)

Rule 21,Sections 5, 8 and 9 in relation to Rule 71, Sections 3(b), 7 & 8

ACTUAL DEPOSITION STAGE

Related provisions of Rules 23, 29, 71, 128,130 and 132
ORAL EXAMINATIONS
Sections 3 (in relations to Rule 132 Sections 3 to 18) 4,10,11,12,13,14,15,
16,17,18, Section 2 in relation to Rule 128,Sections 2 & 4, Rule 130 par. a to
e, Section 29 (a to d, Sections 23 and 24, Rule 29 Sec. 1 and 2 in relation to
Rule 71 Sections 3(b), 7 & 8,
WRITTEN INTERROGATORIES
Sections 25, 4,10,11,12,13,14, 16,17,18, Rule 23 Sec. 28 in relation to Sec.
25, Section 2 in relation to Rule 128,Rule 130 par. , Section 29 (e),26 & 27,
Sections 23 and 24, Rule 29 Section 5, Rule 29 Sec. 1 and 2 in relation to
Rule 71 Sections 3(b), 7 & 8,

POST-DEPOSITION STAGE
Related provisions of Rule 23
Sections 4,5,6,7,8,9,19,20,21,22 related to Oral Examinations
Sections 4,5,6,7,8,9,19,20,27 related to Written Interrogatories

RULE 23: DEPOSITIONS PENDING ACTION

Issues to address:
Who May Avail deposition
Persons deposed
Kinds of deposition
When to take deposition
Deposition procedure
Subpoena for failure or refusing to attend

deposition
Prisoners deposition

Who May Avail Deposition

At the instance of Any Party

ISSUES TO ADDRESS

Persons deposed

Any person
whether a party to the case or not

Kinds of Deposition

Oral Examination
or
Written Interrogatories

When to take deposition

In a pending case under Rule 23

Deposition Procedure
MOTION
By Leave of Court
Without Leave
prisoner
R21S2(3rd par)
Jurisdiction
Answer Served
No Answer
Any Defendant
Property
Take note of the use of deposition
Under R23S4

Determine Before Whom

Can Depositions Be Taken
Within the Philippines In Foreign Countries
R23 S10
R23s14

R23 S11
R23s14

Notice
R23 S12 Letters Rugatory
R23S12 Commission
Note issues on Disqualifcations:R23S13

DECIDE WHAT KIND OF DEPOSITION TO TAKE:

Oral Examination

Written Interrogatories

Rule 23 Section 15

Rule 23 Section 25

Compel attendance

Rule 21

Activate S15 R23

R21 Section 5

Activate S25 R23

S8 R21 Warrant of Arrest/Pay Cost
Effect of failure to appear: R21 S8
& Disobey
R21S9 I Contempt R71
S3(b,f) & R29 S2

Effects of Indirect Contempt

Imprisonment or fine under R71 S7

Held in prison until order performed under

R71 S8
Devastating Effects under R29 S5

How do you protect the parties and

deponent?
Extend or shorten time under last sentence of R23 S15
Protection under Oral Examination under R23 S16
Protection under Written Interrogatories under R23

S25 in relation to R23 S28

Terminate or limit examination under R23 S18

DEPOSITION
PROPER
DUTIES OF OFFICER CONDUCTING DEPOSITION R23 S17

OATH taking of WITNESS

RECORD testimony
STENOGRAPHICALLY taken subject to exception
Only to NOTE Objections and NO duty to RULE

EXAMINATION AND CROSS R23 S3

Examination of a deponent, rights and obligations
Order of examination (R132)
Refusal to answer questions (R29S1)
Disobedience to court order

SCOPE OF EXAMINATION R23 S2

Any matter
Relevant matter R128 S3
Privileged matters R130 S24
Protection of parties/deponents

AFTER TAKING OF DEPOSITION

R23 S19

Transcription of testimony
Transcript examined, read, signed, or waived
Change of testimony
Transcript unsigned by witness
Use of deposition unsigned by deponent but signed
by officer (R23S29[f])
R23 S20
Contents of certification
Who certifies
Sealing, marking, filing
Notice of Filing (S21)/Furnishing copies (S22)

Effects of failure to attend and to serve

subpoena
Consequences

of failure
deposition under R23 S23

to

attend

Consequences of failure to attend due to

non-service of subpoena to witness, but

other party appears under R23 S24

Other Issues that affects deposition

Use of deposition under R23 S4

Substitution of parties/dismissal under R23

S5
Objections to admissibility under R23 S6
Effects of taking of deposition under R23 S7
Effects of using deposition
Rebutting deposition under R23 S9
Effects of errors and irregularities in
deposition under R23 S29

 At the trial or upon the hearing of a motion or an interlocutory proceeding

Against any party who was present or represented at the taking of the

deposition or who had due notice

For:
(a) For the purpose of contradicting or impeaching the testimony of deponent as
a witness. ANY PARTY;
(b) Deposition of a party or officer, director, or managing agent of a public or
private corporation, partnership, or association which is a party may be used by
for any purpose. ADVERSE PARTY;
(c) Deposition of a witness, whether or not a party, may be used or 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. ANY PARTY; 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. A PARTY-ADVERSE PARTY

Deposition Upon Written Interrogatories

under R23 S25

Written interrogatories
To whom written interrogatories and notice served

Cross-interrogatories
Re-direct interrogatories
Re-cross-interrogatories
Subpoena to witness

SIMILARITIES & DISTINCTIONS BETWEEN R23 S25 AND R25 on WI

Officers to take responses and prepare record according to

R23 Sections 17,19 and 20
Notice of filing and furnishing copies under R23 S27

DEPOSITIONS BEFORE ACTION OR

PENDING
APPEAL
Issues to address:
BEFORE ACTION
Perpetuation of testimony by whom
What form and where to file
Subject matter

PENDING APPEAL
Appeals from courts
Whose testimony to perpetuate pending appeal and when to file
Which court to file motion and notice for leave to perpetuate

testimony
Filer of motion
Contents of motion
Order to perpetuate testimony
Use of perpetuated testimony of witnesses pending appeal

PERPETUATION OF TESTIMONY
UNDER RULE 24
Before Action (Sec. 1)

Pending Action (Sec. 7)

File a Petition

With Leave (Motion)

Notice and Service

Court Order
Activate Rule 23
Use of Deposition

Before Appeal Pending Appeal

Court Who Rendered Judgment

BEFORE ACTION
PERPETUATION OF TESTIMONY BY WHOM
person his own testimony or testimony of
another person

Any

What form and where to file

Verified

petition and venue is place of residence of

any expected adverse party

Subject matter
Any

matter congnizable in any court in the Philippines

ALLEGATIONS ON THE PETITION

Expects to be a party to the action

Unable to bring action

Subject matter and interest
Facts and Reasons to perpetuate
Expected adverse parties
Persons to be examined and
substance of his testimony
Relief

PROCEDURE IN FILING THE PETITION

COURT ACTION AND
USE OF PERPETUATED TESTIMONY
PROCEDURE

Service of notice and petition

Contents of notice
Court notice of hearing

COURT ACTION

Court Order and its contents

USE OF DEPOSITION UNDER RULE 24

Perpetuated testimony, its uses

Perpetuated testimony taken under what rules

DEPOSITION PENDING APPEAL

With Leave (Motion)
contents
Before Appeal

Pending Appeal

Court Who Rendered Judgment

Order Grating the Leave

Use of Perpetuated Testimony Pending Appeal

INTERROGATORIES TO PARTIES
UNDER RULE 25
Issues under Section 1 Rule 25:
Proponents, respondents, facts
Service of written interrogatories
Refusal to answer
Refusal to obey court order
Willful failure to serve answers
Leave of Court
Other respondents to written interrogatories
Form of written interrogatories

 SIMILARTIES OF SECTION 25 RULE 23

FROM RULE 25
Both are written interrogatories
Both are with or without leave of court per Sec. 1 Rule 23
Both may be taken under conditions in Sec. 1 Rule 23
Both may be used to take deposition of prisoner with leave
of court
DIFFERENCES
Section 25
Rule 25
Notice served to every
Notice served to adverse
other party
party
Answered before an officer
Answered by party served
Subpoena to witness
No subpoena needed
Officer may charge fees
No Fee charges involved

 Issues under Section 2 Rule 25

Form and authentication of answers to written interrogatories

Filing, serving answers, and extensions
Issues under Section 3 Rule 25
Time for objection to interrogatories, and who to present
Effect of Filing of objections
Issues under Section 4 Rule 25
Number of interrogatories allowed
Exception
Issues under Section 5 Rule 25
Scope of interrogatories
Use of answers to interrogatories
Issues under Section 6 Rule 25
Effect of failing to serve written interrogatories
Exception

ADMISSION BY ADVERSE PARTY

UNDER RULE 26
When to, who may, file and serve request for admission by
Adverse party?
Form of request for admission
Subjects and contents of admission request
Time to respondent
Privileged matters
Matters impliedly admitted
Objection to request, when filed and its effect
Effect of admission
Withdrawal and amendment to admission, how made
Effect of failure to file and serve request for admission

 RULE 27 PRODUCTION OR INSPECTION

OF DOCUMENTS OR THINGS

Who may ask, and how to obtain orders, for production of

documents or things
What orders may court issue on the motion
RULE 28 PHYSICAL AND MENTAL
EXAMINATION OF PERSONS
Who should be physically and mentally examined?
How and when are physical and mental examinations ordered?
Who makes a report of the findings?
Who can ask for copy of the report?
Who is entitled to copies of previous examination and findings of
the party just examined?
Effect of refusal to deliver copy of previous findings examination
Waiver of privilege