Rule 24

Depositions Before
Action
Or Pending Appeal
Section 1, Rule 24
Deposition Before Action
• How can deposition before action be
commenced?
A person who desires to perpetuate his
own testimony or that of another person may
file a petition regarding:
a. Any matter that may be cognizable in any court of the
Philippines
b. In the court of the place of the residence of any expected
adverse party.
Section 2, Rule 24
Contents of Petition
• What are the contents of the petition for
taking of depositions before action?
The petition for the taking of a deposition
before action shall be entitled in the name of the
petitioner and shall show the following:
1. 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;
2. the subject matter of the expected action and
his interest therein;
Section 2, Rule 24
Contents of Petition
• What are the contents of the petition for taking of
depositions before action?
3. The facts which he desires to establish by the proposed testimony
and his reasons for desiring to perpetuate it;
4. The names or a description of the persons he expects will be
adverse parties and their addresses so far as known;
5. 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.
Section 3, Rule 24
Notice and Service

• What are the duties of the petitioner after

the filing of the petition?
1. Serve a notice upon each person named in the
petition as an expected adverse party;
2. Serve 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.
Section 3, Rule 24
Notice and Service

• What is the course of action of the court

after filing and service of notice and
petition?

At least 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 the
service of summons.
Section 4, Rule 24
Order and Examination

• What are the actions of the court on the petition?

If the court is satisfied that the perpetuation of the
testimony may prevent a failure or delay in justice, it
shall:
a. Make an order designating or describing the persons
whose deposition may be taken and specifying the
subject matter of the examination.
b. Whether the deposition shall be taken upon oral
examination or written interrogatories;
c. The deposition may then be taken in accordance with
Rule 23 before the hearing.
Section 5, Rule 24
Reference to Court
• Rule 23 applies to the taking of depositions
under Rule 24.
• In sections under Rule 23 which has reference
to the court in which the “action is pending”, it
shall be construed that under Rule 24, they
refer to the court in which the “petition is filed”.
• NOTE: No action pending in Rule 24.
• NOTE: Rule 23, Sections 16, 18, 20, 23, 24, 28
has reference to court in which “action is
pending”.
Section 6, Rule 24
Use of Deposition
• Usages of Deposition:
1. It would be admissible in evidence;
2. It may be used in any action involving the
same subject matter subsequently brought in
accordance with the provisions of Sections 4
& 5 of Rule 23.
Section 7, Rule 24
Deposition Pending Appeal

• Deposition Pending Appeal

• How is deposition pending appeal made?
• WHO: The court who issued the judgment may allow the
taking of depositions of witnesses to perpetuate their
testimony for use in the event of further proceedings in the
said court.
• WHEN: An appeal has been taken from a judgment of a court
or before the taking of an appeal if the time therefor has not
expired.
• HOW: The party who desires to perpetuate the testimony:
1. Make a motion for leave to take depositions;
2. Notice and Service thereof as if the action was pending therein
Section 7, Rule 24
Deposition Pending Appeal
• Contents of the motion for leave:
1. State the names and addresses of the persons to
be examined and the substance of the testimony
2. Reason for perpetuating their testimony
• If the court finds that the perpetuation is proper
to avoid a failure or delay of justice:
• It may make an order allowing the depositions to be
taken, AND
• The depositions be taken and used in the same
manner and under the same conditions as are
prescribed in Rule 23.
DASMARIÑAS GARMENTS, INC., petitioner, vs. HON.
RUBEN T. REYES, Judge, Regional Trial Court, Manila,
Branch 50, and AMERICAN PRESIDENT LINES, LTD.,
respondents.
• Depositions may be taken at any time after the
institution of any action, whenever necessary or
convenient.
• There is no rule that limits deposition-taking only to
the period of pre-trial or before it; no prohibition
against the taking of depositions after pre-trial.
• Indeed, the law authorizes the taking of
depositions of witnesses before or after an appeal
is taken from the judgment of a Regional Trial
Court "to perpetuate their testimony for use in the
event of further proceedings in the said court", and
even during the process of execution of a final and
executory judgment.
• Depositions are chiefly a mode of discovery. They
are intended as a means to compel disclosure of
facts resting in the knowledge of a party or other
person which are relevant in some suit or
proceeding in court.
• Depositions, and the other modes of discovery are
meant to enable a party to learn all the material
and relevant facts, not only known to him and his
witnesses but also those known to the adverse
party and the latter's own witnesses.
• In fine, the object of discovery is to make it
possible for all the parties to a case to learn all the
material and relevant facts, from whoever may
have knowledge thereof, to the end that their
pleadings or motions may not suffer from
inadequacy of factual foundation, and all the
relevant facts may be clearly and completely laid
before the Court, without omission or suppression.
 REPUBLIC OF THE PHILIPPINES (PRESIDENTIAL
COMMISSION ON GOOD GOVERNMENT), petitioner, vs.
SANDIGANBAYAN, BIENVENIDO R. TANTOCO, JR.
and DOMINADOR R. SANTIAGO, respondents.

• Deposition Discovery Mechanism/Procedure

The deposition discovery procedure was designed
to remedy the conceded inadequacy and
cumbersomeness of the pre-trial functions of notice
giving, issue formulation and fact revelation theretofore
performed primarily by the pleading.
The various modes or instruments of discovery are
meant to serve (1) as a device, along with the pretrial
hearing under Rule 20, to narrow and clarify the basic
issues between the parties, and (2) as a device for
ascertaining the facts relative to those issues.
Deposition Discovery Mechanism/Procedure
What is chiefly contemplated is the discovery
of every bit of information which may be useful in
the preparation for trial, such as the identity and
location of persons having knowledge of relevant
facts; those relevant facts themselves; and the
existence, description, nature, custody, condition,
and location of any books, documents, or other
tangible things.
Caguiat vs Torres
 Cariaga vs. Court of
Appeals
G.R. No. 143561 June 6, 2001
Rule 130, Sec. 47
• Testimony or deposition at a former proceeding.
• — The testimony or deposition of a witness
deceased or unable to testify, given in a former
case or proceeding, judicial or administrative,
involving the same parties and subject matter, may
be given in evidence against the adverse party who
had the opportunity to cross-examine him.
Rule 115, Sec. 1(f)
• Rights of the Accused
• (f) To confront and cross-examine the witnesses
against him at the trial. Either party may utilize as
part of its evidence the testimony of a witness who
is deceased, out of or can not with due diligence be
found in the Philippines, unavailable, or otherwise
unable to testify, given in another case or
proceeding, judicial or administrative, involving the
same parties and subject matter, the adverse party
having the opportunity to cross-examine him.