RULE 24

DEPOSITIONS BEFORE ACTION OR PENDING APPEAL.

Section 1. Depositions before action; petition.

A person who desires to perpetuate his own testimony or that of another person regarding any matter
that may be cognizable in any court of the Philippines, may file a verified petition in the court of the
place of the residence of any expected adverse party.

Sec. 2. Contents of petition.

The petition shall be entitled in the name of the petitioner and shall show: (a) 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; (b) the subject matter of the expected action and his interest therein; (c) the facts which he
desires to establish by the proposed testimony and his reasons for desiring to perpetuate it; (d) the
names or a description of the persons he expects will be adverse parties and their addresses so far as
known; and (e) the names and addresses of the persons to be examined and the substance of the
testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to
take the depositions of the persons to be examined named in the petition for the purpose of
perpetuating their testimony.

Sec. 3. Notice and service.

The petitioner shall serve a notice upon each person named in the petition as an expected adverse
party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time
and place named therein, for the order described in the petition. At least twenty (20) days before the
date of the hearing, the court shall cause notice thereof to be served on the parties and prospective
deponents in the manner provided for service of summons.

Sec. 4. 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 deposition may be taken and
specifying the subject matter of the examination and 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.

Sec. 5. Reference to court.

For the purpose of applying Rule 23 to depositions for perpetuating testimony, each reference therein
to 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.

Sec. 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.

Sec. 7. Depositions pending appeal.

If an appeal has been taken from a judgment of a court, including the Court of Appeals in proper cases,
or before the taking of an appeal if the time therefor has not expired, 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 the said court. In such case the party who desires to perpetuate the
testimony may make a motion in the said court for leave to take the depositions, upon the same notice
and service thereof as if the action was pending therein. The motion shall state (a) the names and
addresses of the persons to be examined and the substance of the testimony which he expects to elicit
from each; and (b) the reason for perpetuating their testimony. If the court finds that the perpetuation
of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the
depositions 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 these Rules for depositions taken in pending actions.

RULE 25

INTERROGATORIES TO PARTIES

Section 1. Interrogatories to parties; service thereof.

Under the same conditions specified in section 1 of Rule 23, any party desiring to elicit material and
relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be
answered by the party served or, if the party served is a public or private corporation or a partnership or
association, by any officer thereof competent to testify in its behalf.

Sec. 2. Answer to interrogatories.

The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person
making them. The party upon whom the interrogatories have been served shall file and serve a copy of
the answers on the party submitting the interrogatories within fifteen (15) days after service thereof,
unless the court, on motion and for good cause shown, extends or shortens the time.

Sec. 3. Objections to interrogatories.

Objections to any interrogatories may be presented to the court within ten (10) days after service
thereof, with notice as in case of a motion; and answers shall be deferred until the objections are
resolved, which shall be at as early a time as is practicable.

Sec. 4. Number of interrogatories.

No party may, without leave of court, serve more than one set of interrogatories to be answered by the
same party.
Sec. 5. Scope and use of interrogatories.

Interrogatories may relate to any matters that can be inquired into under section 2 of Rule 23, and the
answers may be used for the same purposes provided in section 4 of the same Rule.

Sec. 6. Effect of failure to serve written interrogatories.

Unless thereafter allowed by the court for good cause shown and to prevent a 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 to give a deposition pending appeal.

RULE 26

ADMISSION BY ADVERSE PARTY

Section 1. Request for admission.

At any time after issues have been joined, a party may file and serve upon any other party a written
request for the admission by the latter of the genuineness of any material and relevant document
described in and exhibited with the request or of the truth of any material and relevant matter of fact
set forth in the request. Copies of the documents shall be delivered with the request unless copies have
already been furnished.

Sec. 2. Implied admission.

Each of the matters of which an admission is requested shall be deemed admitted unless, within a
period designated in the request, which shall not be less than fifteen (15) days after service thereof, or
within such further time as the court may allow on motion, the party to whom the request is directed
files and serves upon the party requesting the admission a sworn statement either denying specifically
the matters of which an admission is requested or setting forth in detail the reasons why he cannot
truthfully either admit or deny those matters.

Objections to any request for admission shall be submitted to the court by the party requested within
the period for and prior to the filing of his sworn statement as contemplated in the preceding paragraph
and his compliance therewith shall be deferred until such objections are resolved, which resolution shall
be made as early as practicable.

Sec. 3. Effect of admission.

Any admission made by a party pursuant to such request is for the purpose of the pending action only
and shall not constitute an admission by him for any other purpose nor may the same be used against
him in any other proceeding.

Sec. 4. Withdrawal.

The court may allow the party making an admission under this Rule, whether express or implied, to
withdraw or amend it upon such terms as may be just.
Sec. 5. Effect of failure to file and serve request for admission.

Unless otherwise allowed by the court for good cause shown and to prevent a failure of justice, a party
who fails to file and serve a request for admission on the adverse party of material and relevant facts at
issue which are, or ought to be, within the personal knowledge of the latter, shall not be permitted to
present evidence on such facts.

RULE 27

PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

Section 1. Motion for production or inspection; order.

Upon motion of any party showing good cause therefor, the court in which an action is pending may (a)
order any party to produce and permit the inspection and copying or photographing, by or on behalf of
the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects
or tangible things, not privileged, which constitute or contain evidence material to any matter involved
in the action and which are in his possession, custody or control; or (b) order any party to permit entry
upon designated land or other property in his possession or control for the purpose of inspecting,
measuring, surveying, or photographing the property or any designated relevant object or operation
thereon. The order shall specify the time, place and manner of making the inspection and taking copies
and photographs, and may prescribe such terms and conditions as are just.