1. When can a deposition be used by any party for any purpose?

(10 pts)

Deposition of a witness, party or not, may be used by any party for any purpose if the court finds
that: (1) witness is dead (2)witness resides more than 100 kilometers from the place of
trial/hearing or is out of the Philippines UNLESS, it appears that his absence is procured by the
party offering the deposition (3) witness is unable to attend/testify because of age, sickness,
infirmity or imprisonment (4) party offering the deposition has been unable to procure the
attendance of the witness by subpoena (5) upon application and notice, 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 witness in open court, to allow the deposition to be
used.

2. Plaintiff has sought the taking of the deposition of the defendant. The
deposition of the defendant is taken by written interrogatories. Can the plaintiff still
serve written interrogatories under Rule 25 upon the defendant? (5 pts)

Unless thereafter allowed by the court for good cause shown and to prevent failure of justice, a
party not served with written interrogatories may not be compelled by the adverse party to give
testimony in open court or give a deposition pending appeal.

3. What is/are the sanction/s that may be imposed on a person who refuses to
comply with the order directing inspection under Rule 27 (5 pts) and a mental or
physical examination under Rule 28? (5 pts)

a. order that the matters regarding which the questions are asked, character / description of
thing or land / contents of a paper or physical / mental condition of a party shall be taken to be
established in accordance with the claim of the party obtaining the order.

b. order refusing to allow the disobedient party to support / oppose designated claims /
defenses – or prohibiting him from introducing in evidence the designated things / documents or
items of testimony or from introducing evidence of physical / mental condition.

c. order striking out pleadings or parts thereof or staying proceedings until the order is
obeyed, dismissing the action or proceeding or any part thereof, or rendering judgment by default
against the disobedient party.

d. In lieu or in addition to orders, the disobedient party can be ordered arrested except in
relation to a physical / mental examination.1

4. Can the plaintiff and defendant serve requests for admission on each other?
(5 pts) What may properly be the subject of a request for admission? (5 pts)

A party may file and serve a request for admission upon any other party at any time after the
issues have been joined.

It is a written request for the (1) admission of the genuiness of any material and relevant
document described in and exhibited with the request or (2) the truth of any material or relevant
matter of fact set forth in the request.

5. What is meant by perpetuation of testimony? (5 pts)

To Perpetuate means to preserve or make available testimony for later use at a trial by means of
deposition.

1
Supra, Section 3, Rule 29
6. Who may be deposed? (5 pts) Bonus. (5 pts)

Any person, whether a party or not, upon ORAL EXAMINATION OR WRITTEN

INTERROGATORIES upon the initiative of ANY PARTY. The SCOPE OF A DEPOSITION
GENERALLY, the deponent may be examined regarding any matter, NOT PRIVILEGED, which is
RELEVANT TO THE SUBJECT OF THE PENDING ACTION whether it RELATES TO CLAIM OR
DEFENSE of any other party. INCLUDING THE EXISTENCE, DESCRIPTION, NATURE,
CUSTODY, CONDITION, LOCATION of any BOOKS, DOCUMENTS OR OTHER TANGIBLE
THINGS and the IDENTITY and LOCATION of persons having knowledge of relevant facts.