DISCOVERY

 PART I
◦ GUIDELINES TO BE OBSERVED BY TRIAL
COURT JUDGES AND CLERK OF COURT
IN THE CONDUCT OF PRE-TRIAL AND USE
OF DEPOSITION-DISCOVERY MEASURES
(A.M. No. 03-1-09-SC)

 PART II
◦ Discovery Proceedings under the Rules of
Court:
 Deposition (Rule 23 and 24)
 Interrogatories to parties (Rule 25)
 Request for admission (Rule 26)
 Production and inspection of documents or things
(Rule 28)
 Physical and mental examination of a party (Rule
29)
PART I
GUIDELINES TO BE OBSERVED BY
TRIAL COURT JUDGES AND CLERK OF
COURT IN THE CONDUCT OF PRE-
TRIAL AND USE OF DEPOSITION-
DISCOVERY MEASURES (A.M. No. 03-1-
09-SC)
PURPOSE:

The use of pre-trial and the deposition-

discovery measures are undeniably important
and vital components of case management in
trial courts. To abbreviate court proceedings,
ensure prompt disposition of cases and
decongest court dockets, and to further
implement the pre-trial guidelines laid down in
Administrative Circular No. 3-99 dated January
15, 1999 and except as otherwise specifically
provided for in other special rules, the
following guidelines are issued for the
observance and guidance of trial judges and
clerks of court.
PRE-TRIAL
A. CIVIL CASES
1. Within one day from receipt of the complaint:

◦ Summons shall be prepared and shall contain a

reminder to defendant to observe restraint in filing a
motion to dismiss and instead allege the grounds
thereof as defenses in the Answer, in conformity with
IBP-OCA Memorandum on Policy Guidelines dated
March 12, 2002.

◦ The court shall issue an order requiring the parties to

avail of interrogatories to parties under Rule 25 and
request for admission by adverse party under Rule
26 or at their discretion make use of depositions under
Rule 23 or other measures under Rules 27 and 28
within five days from the filing of the answer. A copy of
the order shall be served upon the defendant together
with the summons and upon the plaintiff.
NOTE:

Within five (5) days from date of filing of

the reply, the plaintiff must promptly
move ex parte that the case be set for
pre-trial conference. If the plaintiff fails
to file said motion within the given
period, the Branch COC shall issue a
notice of pre-trial.
2. The parties shall submit, at least three (3)
days before the pre-trial, pre-trial briefs
containing the following:

◦ A statement of their willingness to enter

into an amicable settlement indicating the
desired terms thereof or to submit the
case to any of the alternative modes of
dispute resolution;
◦ A summary of admitted facts and proposed
stipulation of facts;
◦ The issues to be tried or resolved;
◦ The documents or exhibits to be presented,
stating the purpose thereof;
 No evidence shall be allowed to be presented and
offered during the trial in support of a party's
evidence-in-chief other than those that had been
earlier identified and pre-marked during the pre-trial,
except if allowed by the court for good cause shown;

◦ A manifestation of their having availed or their

intention to avail themselves of discovery
procedures or referral to commissioners; and

◦ The number and names of the witnesses, the

substance of their testimonies, and the
approximate number of hours that will be
required by the parties for the presentation of
their respective witnesses..
NOTE:
◦ The rule on the contents of the pre-trial
brief must strictly be complied with.
◦ The parties are bound by the
representations and statements in their
respective pre-trial briefs.
3. At the START of the pre-trial
conference:
◦ the judge shall immediately refer the parties and/or
their counsel if authorized by their clients to the
PMC mediation unit for purposes of mediation if
available;
◦ If mediation fails, the judge will schedule the
continuance of the pre-trial conference;

 Before the continuance, the Judge may refer the case

to the Branch COC for a preliminary conference to
assist the parties in reaching a settlement, to mark the
documents or exhibits to be presented by the parties
and copies thereof to be attached to the records after
comparison and to consider such other matters as
may aid in its prompt disposition.
DURING the preliminary
conference
◦ the Branch COC shall also ascertain from the
parties the undisputed facts and admissions
on the genuineness and due execution of the
documents marked as exhibits;

◦ The proceedings during the preliminary

conference shall be recorded in the "Minutes
of Preliminary Conference" to be signed by
both parties and/or counsel.
 The minutes of preliminary conference and the
exhibits shall be attached by the Branch COC to the
case record before the pre-trial.
4. Before the continuation of the
pre-trial conference:
◦ the judge must study all the pleadings of the case,
and determine the issues thereof and the
respective positions of the parties thereon to
enable him to intelligently steer the parties toward
a possible amicable settlement of the case, or, at
the very least, to help reduce and limit the issues.
 The judge should not allow the termination of pre-trial
simply because of the manifestation of the parties that
they cannot settle the case;
 He should expose the parties to the advantages of pre-
trial.;
 He must also be mindful that there are other important
aspects of the pre-trial that ought to be taken up to
expedite the disposition of the case.
NOTE:
◦ The Judge with all tact, patience, impartiality
and with due regard to the rights of the parties
shall endeavor to persuade them to arrive at a
settlement of the dispute;

◦ The court shall initially ask the parties and their

lawyers if an amicable settlement of the case is
possible. If not, the judge may confer with the
parties with the opposing counsel to consider
the following:
 Given the evidence of the plaintiff presented in his pre-
trial brief to support his claim, what manner of
compromise is considered acceptable to the
defendant at the present stage?
 Given the evidence of the defendant described in his
pre-trial brief to support his defense, what manner of
compromise is considered acceptable to the plaintiff at
the present stage?
 If not successful: the court shall confer
with the party and his counsel
separately.
 If the manner of compromise is not
acceptable: the judge shall confer with
the parties without their counsel for the
same purpose of settlement.
5. If all efforts to settle fail, the trial
judge shall:
 Adopt the minutes of preliminary conference
as part of the pre-trial proceedings and
confirm markings of exhibits or substituted
photocopies and admissions on the
genuineness and due execution of
documents;

 Inquire if there are cases arising out of the

same facts pending before other courts and
order its consolidation if warranted;

 Inquire if the pleadings are in order. If not,

order the amendments if necessary;
 Inquire if interlocutory issues are involved and
resolve the same;

 Consider the adding or dropping of parties;

 Scrutinize every single allegation of the complaint,

answer and other pleadings and attachments
thereto and the contents of documents and all
other evidence identified and pre-marked during
pre-trial in determining further admissions of facts
and documents.
◦ To obtain admissions, the Court shall ask the parties to
submit the depositions taken under Rule 23, the
answers to written interrogatories under Rule 25 and
the answers to request for admissions by the adverse
party under Rule 26. It may also require the production
of documents or things requested by a party under Rule
27 and the results of the physical and mental
examination of persons under Rule 28;
 Define and simplify the factual and legal issues
arising from the pleadings.
◦ Uncontroverted issues and frivolous claims or
defenses should be eliminated. For each factual
issue, the parties/counsel shall state all the
evidence to support their positions thereon. For
each legal issue, parties/counsel shall state the
applicable law and jurisprudence supporting their
respective positions thereon. If only legal issues
are presented, the judge shall require the parties
to submit their respective memoranda and the
court can proceed to render judgment;

 Determine the propriety of rendering a

summary judgment dismissing the case based
on the disclosures made at the pre-trial or a
judgment based on the pleadings, evidence
identified and admissions made during pre-
trial;
 Ask parties to agree on the specific trial
dates for continuous trial in accordance
with Circular No. 1-89 dated January 19,
1989; adhere to the case flow chart
determined by the court, which shall
contain the different stages of the
proceedings up to the promulgation of the
decision and use the time frame for each
stage in setting the trial dates.

◦ The One-Day Examination of Witness Rule

 a witness has to be fully examined in one (1) day only,
shall be strictly adhered to subject to the courts'
discretion during trial on whether or not to extend the
direct and/or cross-examination for justifiable reasons.
 On the last hearing day allotted for
each party, he is required to make his
formal offer of evidence after the
presentation of his last witness and the
opposing party is required to
immediately interpose his objection
thereto. Thereafter, the Judge shall
make the ruling on the offer of evidence
in open court. However the judge has
the discretion to allow the offer of
evidence in writing in conformity with
Section 35, Rule 132;
Most Important Witnesses
Rule
◦ Determine the most important witnesses to be
heard and limit the number of witnesses The
facts to be proven by each witness and the
approximate number of hours per witness
shall be fixed;
 At his discretion, order the parties to use the affidavits of
witnesses as direct testimonies subject to the right to
object to inadmissible portions thereof and to the right of
cross-examination by the other party. The affidavits shall
be based on personal knowledge, shall set forth facts as
would be admissible in evidence, and shall show
affirmatively that the affiant is competent to testify to the
matters stated therein. The affidavits shall be in question
and answer form, and shall comply with the rules on
admissibility of evidence;

 Require the parties and/or counsel to submit to the Branch

COC the names, addresses and contact numbers of the
witnesses to be summoned by subpoena;

 Order the delegation of the reception of evidence to the

Branch COC under Rule 30; and

 Refer the case to a trial by commissioner under Rule 32.

NOTE:
During the pre-trial, the judge shall be
the one to ask questions on issues
raised therein and all questions or
comments by counsel or parties must be
directed to the judge to avoid hostilities
between the parties.
6. The trial judge shall schedule the pre-trial
in the afternoon sessions and set as
many pre-trial conferences as may be
necessary.

7. All proceedings during the pre-trial shall

be recorded. The minutes of each pre-
trial conference shall contain matters
taken up therein more particularly
admissions of facts and exhibits and
shall be signed by the parties and their
counsel.
8. The judge shall issue the required Pre-
Trial Order within ten (10) days after
the termination of the pre-trial.

 Said Order shall bind the parties, limit the trial to

matters not disposed of and control the course of
the action during the trial.

 The Court may opt to dictate the Pre-Trial Order

in open court in the presence of the parties and
their counsel and with the use of a computer,
shall have the same immediately finalized and
printed. Once finished, the parties and/or their
counsel shall sign the same to manifest their
conformity thereto.
9. The court shall endeavor to make
the parties agree to an equitable
compromise or settlement at any stage
of the proceedings before rendition of
judgment.
B. CRIMINAL CASES
1. Before arraignment, the Court shall issue an order
directing the public prosecutor to submit the
record of the preliminary investigation to the
Branch COC for the latter to attach the same to
the record of the criminal case.

◦ Where the accused is under preventive detention:

 his case shall be raffled and its records transmitted to the judge
to whom the case was raffled within three (3) days from the
filing of the complaint or information.

◦ The accused shall be arraigned within ten days from the

date of the raffle. The pre-trial of his case shall be held
within ten (10) days after arraignment unless a shorter
period is provided for by law.
2. After the arraignment, the court shall
forthwith set the pre-trial conference
within thirty days from the date of
arraignment, and issue an order:
a) requiring the private offended party to
appear thereat for purposes of plea-
bargaining except for violations of the
Comprehensive Dangerous Drugs Act of
2002, and for other matters requiring his
presence;
(b) referring the case to the Branch COC, if
warranted, for a preliminary conference to be set
at least three days prior to the pre-trial to mark
the documents or exhibits to be presented by the
parties and copies thereof to be attached to the
records after comparison and to consider other
matters as may aid in its prompt disposition; and

(c) informing the parties that no evidence shall

be allowed to be presented and offered during
the trial other than those identified and marked
during the pre-trial except when allowed by the
court for good cause shown.
NOTE:
In mediatable cases, the judge shall
refer the parties and their counsel to the
PMC unit for purposes of mediation if
available.
3. During the preliminary conference:

◦ the Branch COC shall assist the parties in reaching a

settlement of the civil aspect of the case, mark the
documents to be presented as exhibits and copies
thereof attached to the records after comparison,
ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of
documents marked as exhibits and consider such other
matters as may aid in the prompt disposition of the case.

◦ The proceedings during the preliminary conference shall

be recorded in the Minutes of Preliminary Conference to
be signed by both parties and counsel.

 The Minutes of Preliminary Conference and the

exhibits shall be attached by the Branch COC to the
case record before the pre-trial.
4. Before the pre-trial conference:

◦ the judge must study the allegations of

the information, the statements in the
affidavits of witnesses and other
documentary evidence which form part
of the record of the preliminary
investigation.
5. During the pre-trial (except for violations of the
Comprehensive Dangerous Drugs Act of 2002):

◦ the trial judge shall consider plea-bargaining

arrangements;

◦ Where the prosecution and the offended party agree

to the plea offered by the accused, the court shall:

 Issue an order which contains the plea bargaining arrived at;

 Proceed to receive evidence on the civil aspect of the case;
and
 Render and promulgate judgment of conviction, including the
civil liability or damages duly established by the evidence.
6. When plea bargaining fails, the Court
shall:

◦ Adopt the minutes of preliminary conference as

part of the pre-trial proceedings, confirm
markings of exhibits or substituted photocopies
and admissions on the genuineness and due
execution of documents and list object and
testimonial evidence;

◦ Scrutinize every allegation of the information

and the statements in the affidavits and other
documents which form part of the record of the
preliminary investigation and other documents
identified and marked as exhibits in
determining farther admissions of facts,
documents and in particular as to the following:
 the identity of the accused;

 court's territorial jurisdiction relative to the offense/s charged;

 qualification of expert witness/es;

 amount of damages;

 genuineness and due execution of documents;

 the cause of death or injury, in proper cases;

 adoption of any evidence presented during the preliminary

investigation;

 disclosure of defenses of alibi, insanity, self-defense, exercise

of public authority and justifying or exempting circumstances;
and

 such other matters that would limit the facts in issue.

◦ Define factual and legal issues;

◦ Ask parties to agree on the specific trial dates and

adhere to the flow chart determined by the court
which shall contain the time frames for the
different stages of the proceeding up to
promulgation of decision and use the time frame
for each stage in setting the trial dates;

◦ Require the parties to submit to the Branch COC

the names, addresses and contact numbers of
witnesses that need to be summoned by
subpoena; and

◦ Consider modification of order of trial if the

accused admits the charge but interposes a
lawful defense.
7. During the pre-trial, the judge shall be the
one to ask questions on issues raised
therein and all questions must be
directed to him to avoid hostilities
between parties.

8. All agreements or admissions made or

entered during the pre-trial conference
shall be reduced in writing and signed by
the accused and counsel, otherwise, they
cannot be used against the accused. The
agreements covering the matters
referred to in Section 1 of Rule 118 shall
be approved by the court.
9. All proceedings during the pre-trial shall
be recorded, the transcripts prepared and
the minutes signed by the parties and/or
their counsels.

10. The trial judge shall issue a Pre-trial

Order within ten (10) days after the
termination of the pre-trial setting forth the
actions taken during the pre-trial
conference, the facts stipulated, the
admissions made, evidence marked, the
number of witnesses to be presented and
the schedule of trial. Said Order shall bind
the parties, limit the trial to matters not
disposed of and control the course the
action during the trial.
PART 2
Discovery Proceedings under the Rules of
Court
(Rule 23 to Rule 29)
In general
 As recently as November 1991 the Supreme Court
observed what is termed the “unreasoned and
unreasonable disinclination” to resort to
discovery “which could, as the experience of other
jurisdictions convincingly demonstrates effectively
shorten the period of litigation and speed up
adjudication." (Republic v. Sandiganbayan, G.R.
No. 90478, November 21, 1991, 204 SCRA 212 at
220 (1991).

 So deep-seated and entrenched is the faith of our

Supreme Court in the usefulness and efficacy of
discovery procedures that in 1997 it increased the
sanctions for failure to resort to discovery by
penalizing a party who does not serve a request for
admission or written interrogatories.
Types of Discovery Proceedings
 Deposition (Rule 23)
 Interrogatories to parties (Rule 24)
 Request for admission (Rule 25)
 Production and inspection of
documents or things (Rule 26)
 Physical and mental examination of a
party (Rule 27)
 Refusal to make discovery (Rule 28)
Deposition
(Rule 23)
 Depositions pending action;
 Depositions before action;
 Depositions pending appeal
In general:

 The deposition is perhaps the most thorough and

comprehensive mode of discovery.

 Deposition-taking is a trial-like examination of a

witness, called the deponent, before a deposition
officer who presides over the proceeding but with
limited authority to rule on the admissibility of
evidence.

 The deposition may or may not be introduced in court

as evidence since it may have been resorted to for
purely discovery purposes. The deposition may be
taken pending action or even before any action is filed
in court or pending appeal.
A. Depositions pending action
 Depositions in connection with a pending action may be
taken with leave of court or without such leave;

 Leave of court is required for a deposition to be taken

after jurisdiction has been obtained over any
defendant or property which is the subject of the action;

 The deposition of a person confined in prison may be

taken only by leave of court on such terms as the court
prescribes;

 Without such leave after an answer has been served.

◦ Leave of court is required where no answer has yet been
filed because the court should be advised so that it may
define the parameters of the deposition-taking and possibly
superintend and monitor it. (Rules of Court, Rule 23, Sec. 1)
1. Whose deposition may be taken
◦ The deposition of any person, whether
a party to the litigation or not, may be
taken at the instance of any party.
Disparate uses may be made of the
deposition depending on whether it is
that of a party or of a mere witness.
2. Modes of deposition-taking
◦ Deposition may be taken upon:
 oral examination
 written interrogatories.

3. Scope of examination
◦ The deponent may be examined regarding any
matter, not privileged, which is relevant to the
subject of the pending action, whether relating
to the claim or defense of any other party,
including the existence, description, nature,
custody, condition, and location of any books,
documents, or other tangible things and identity
and location of persons having knowledge of
relevant facts. (Rule 23, Sec. 2)
◦ The court may issue protective or limiting orders
in connection with the deposition-taking.
◦ Protective order
 A protective order may be issued after notice is served for
taking a deposition by oral examination, upon motion filed
with the court where the action is pending, seasonably
made by any party or by the persons to be examined and
for good cause shown directing that:

 the deposition shall not be taken, or

 it may be taken only at some designated place other than that stated
in the notice, or
 it may be taken only on written interrogatories, or
 certain matters shall not be inquired into, or
 the scope of the examination shall be held with no one present except
the parties to the action and their officers or counsel, or
 after being sealed the deposition shall be opened only by order of the
court, or
 secret processes, developments, or research need not be disclosed,
or
 the parties shall simultaneously file specified documents or
information enclosed in sealed envelopes to be opened as directed by
the court, or
 the court may make any other order which justice requires to protect
the party, or witness from annoyance, embarrassment, or oppression.
◦ Limiting instructions may be issued upon motion of the
party or the deponent.

 At any time during the taking of the deposition, on motion or

petition of any party or of the deponent and upon a showing
that the examination is being conducted in:
 bad faith, or
 in such manner as unreasonably to annoy, embarrass, or oppress
the deponent or party,

 the court in which the action is pending or the Regional Trial

Court of the place where the deposition is being taken may
order the officer conducting the examination to cease forth
with from taking the deposition, or may limit the scope and
manner of the taking of the deposition.

 If the order made terminates the examination, it shall be

resumed thereafter only upon the order of the court in which
the action is pending.( Rule 23, Sec. 18)
4. Deposition on oral examination
◦ A party desiring to take the deposition of any
person upon oral examination shall give
reasonable notice in writing to every other
party to the action.
 The notice shall state the time and place for taking the
deposition and the name and address of each person
to be examined, if known,
 if the name is not known, a general description
sufficient to identify him or the particular class or group
to which he belongs.

Note: On motion of any party upon whom the notice is

served, the court may for cause shown enlarge or
shorten the time. The notice need not even state the
matters upon which the deposition is to be taken.
(Rule 23, Sec. 15)
◦ In deposition-taking on oral examination, the
deponent may be examined and cross-examined
as in a regular trial. (Rule 23, Sec. 3)

◦ Generally, objections to the competency,

relevancy or materiality of testimony need not be
made during the deposition-taking unless the
ground of the objection is one which might have
been obviated or removed if presented at that
time. (Rule 23, Sec. 29 (c))

◦ Such objections should be made at the trial

when the deposition or part thereof is offered in
evidence. (Rule 23, Sec. 6)
 Appropriate deposition officer
◦ depend on whether the deposition is
taken within the Philippines or in a
foreign country.

 Within the Philippines:

 depositions may be taken before any judge, a
notary public or any person authorized to
administer oaths if so stipulated by the parties (ule
23, Secs. 10 and 14)
• In a foreign state or country, depositions may be taken:
a) on notice before a secretary of embassy or legation,
consul general, consul, vice-consul, or consular agent of
the Republic of the Philippines;
b) before such person or officer as may be appointed by
commission or under letters rogatory,;or
c) any person authorized to administer oaths if so stipulated
in writing. (Rule 23, Sec. 11)
NOTE:
A commission or letters rogatory shall be issued only when necessary or
convenient, on application and notice, and on such terms and with such
directions as are just and appropriate. Officers may be designated in
notices or commissions either by name or descriptive title and letters
rogatory may be addressed to the appropriate judicial authority in the
foreign country. (Rule 23, Sec. 12)
Limitations
◦ No deposition shall be taken before a
person who is a relative within six degree
of consanguinity or affinity, or employee or
counsel of any of the parties, or who is a
relative within the same degree, or
employee of such counsel, or who is
financially interested in the action.(Rule 23,
Sec. 13)

◦ The officer before whom the deposition is

to be taken shall put the witness on oath
and shall personally, or by someone acting
under his direction and in his presence,
record the testimony of the witness.
How Deposition is Taken
◦ The testimony shall be taken stenographically unless the
parties agree otherwise.

◦ All objections made at the time of the examination to the

qualifications of the officer taking the deposition, or to
the manner of taking it, or to the evidence presented, or
to the conduct of any party, and any other objection to
the proceedings, shall be noted by the officer upon the
deposition.

◦ Evidence objected to shall be taken subject the

objections.

◦ In lieu of participating in the oral examination, parties

served with notice of taking a deposition may transmit
written interrogatories to the officers, who shall
propound them to the witness and record the answers
verbatim. (Rule 23, Sec. 17)
◦ When testimony is fully transcribed, the deposition shall
be submitted to the witness for examination and shall be
read to or by him, unless such examination and reading
are waived by the witness and by the parties.

◦ Any changes in form or substance which the witness

desires to make shall be entered upon the deposition by
the officer with a statement of the reasons given by the
witness for making them.

◦ The deposition shall then be signed by the witness, unless

the parties by stipulation waive the signing or the witness
is ill or cannot be found or refuses to sign.
 If the deposition is not signed by the witness, the officer shall
sign it and state on the record the fact of the waiver or of the
illness or absence of the witness or the fact of the refusal to sign
together with the reason given therefor, if any, and the deposition
may then be used as fully as though signed, unless on a motion
to suppress, the court holds that the reasons given for the refusal
to sign require rejection of the deposition in whole or in part.
(Rule 23, Sec. 19)
◦ The officer shall certify on the deposition that the
witness was duly sworn to by him and that the
deposition is a true record of the testimony given by
the witness. He shall then securely seal the
deposition in an envelope indorsed with the title of
the action and marked “Deposition of (here insert
the name of the witness)” and shall promptly file it
with the court in which the action is pending or send
it by registered mail to the clerk thereof for filing.
(Rule 23, Sec. 21)

◦ The officer taking the deposition shall give prompt

notice of its filing to all the parties. (Rule 23, Sec.
22)

◦ Upon payment of reasonable charges therefor, the

officer shall furnish a copy of the deposition to any
party or to the deponent. (Rule 23, Sec. 20)
Note:

◦ The attendance of witness in the deposition-taking may be

compelled by the use of a subpoena. (Rule 23, Sec. 1)

◦ If the party giving the notice of the taking of a deposition fails

to attend and proceed therewith and another attends in person
or by counsel pursuant to the notice, the court may order the
party giving the notice to pay such other party the amount of
the reasonable expenses incurred by him and his counsel in so
attending, including reasonable attorney’s fees.(Rule 23, Sec.
23)

◦ If the party giving the notice of the taking of a deposition of a

witness fails to serve a subpoena upon him and the witness
because of such failure does not attend, and if another party
attends in person or by counsel because he expects the
deposition of that witness to be taken, the court may order the
party giving the notice to pay such other party the amount of
the reasonable expenses incurred by him and his counsel in so
attending, including reasonable attorney’s fees.(Rule 23, Sec.
24)
5. Deposition on written interrogatories
◦ A party desiring to take the deposition of any person
upon written interrogatories shall:
 serve them upon every other party with a notice stating the
name and address of the person who is to answer them and
the name or descriptive title and address of the officer
before whom the deposition is to be taken;

 Within ten (10) days thereafter, a party so served may serve

cross-interrogatories upon the party proposing to take the
deposition.

 Within five (5) days thereafter, the latter may serve re-direct
interrogatories.

 Within three (3) days after being served with re-direct

interrogatories, a party may serve recross-interrogatories
upon the party proposing to take the deposition. (Rule 23,
Sec. 25)
◦ A copy of the notice and copies of all interrogatories
shall be delivered by the party taking the deposition to
the officer designated in the notice, who shall proceed
promptly to take the testimony of the witness in
response to the interrogatories and to prepare, certify,
and file or mail the deposition, attaching thereto the
copy of the notice and interrogatories received by him.
(Rule 23, Sec. 26)

◦ When a deposition upon interrogatories is filed, the

officer taking it shall promptly give notice thereof to all
the parties, and may furnish copies to them or to the
deponent upon payment of reasonable charges
therefor. ( Rule 23, Sec. 27)
Note:
◦ Protective and limiting orders and instructions
may also be made in connection with the
deposition-taking upon written interrogatories
as in the case of deposition-taking upon oral
examination. (Rule 23, Sec. 28)
6. Use of depositions
◦ A party does not make a person his own
witness for any purpose by taking his
deposition.(Rule 23, Sec. 7)

 However, if a party introduces in evidence the

deposition or any part thereof for any purpose
other than that of contradicting or impeaching the
deponent he makes the deponent his witness but
this does not apply to the use by an adverse
party of a deposition. (Rule 23, Sec. 8)

 Whether a party makes the deponent his own

witness or not has a bearing on the manner by
which he may permissibly impeach such
witness.(Rule 132, Sec. 12)
◦ At the trial or upon the hearing of a motion or an
interlocutory proceeding, any part or all of a
deposition, so far as admissible under the rules of
evidence, may be used against any party who was
present or represented at the taking of the
deposition or who had due notice thereof.

◦ Any deposition may be used by any party for the

purpose of contradicting or impeaching the
testimony of deponent as a witness.

◦ The deposition of a party or of any one who at the

time of taking the deposition was an officer,
director, or managing agent of a public or private
corporation, partnership, or association which is a
party may be used by an adverse party for any
purpose.
 The deposition of a witness, whether or not a party, may be
used by any party for any purpose:
◦ if the court finds that the witness is dead;
◦ 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;
◦ witness is unable to attend or testify because of age, sickness,
infirmity, or imprisonment;
◦ that the party offering the deposition has been unable to
procure the attendance of the witness by subpoena, or 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
witness orally in open court, to allow the deposition to be used.

 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 deposition in such case is
admissible in evidence as an exception to the Hearsay
Rule. (Rule 23, Sec. 4)
◦ At the trial or hearing, any party may
rebut any relevant evidence
contained in a deposition whether
introduced by him or by any other
party. (Rule 23, Sec. 9)
7. Effects of errors and irregularities in deposition-
taking
◦ All errors and irregularities in the notice for taking a
deposition are waived,
 unless written objection is promptly served upon the party giving
the notice.

◦ Objection to taking a deposition because of

disqualification of the officer before whom it is to be
taken is waived,
 unless made before the taking of the deposition begins or as
soon thereafter as the disqualification becomes known or could
be discovered with reasonable diligence.

◦ Objections to the competency of a witness or the

competency, relevancy, or materiality of testimony are
not waived by failure to make them before or during the
taking of the deposition,
 unless the ground of the objection is one which might have been
obviated or removed if presented at that time. (Rule 23, Sec. 29)
◦ Errors and irregularities occurring at the oral examination in the
manner of taking the deposition, in the form of the questions or
answer, in the oath or affirmation, or in the conduct of the
parties and errors of any kind which might be obviated, removed,
or cured if promptly prosecuted, are waived,
 unless reasonable objection thereto is made at the taking of the
deposition.

◦ Objections to the form of written interrogatories are waived,

 unless served in writing upon the party propounding them within the
time allowed for serving succeeding cross or other interrogatories and
within three (3) days after service of the last interrogatories authorized.

◦ Errors and irregularities in the manner in which the testimony is

transcribed or the deposition is prepared, signed, certified, sealed,
indorsed, transmitted, filed or otherwise dealt with by the officer
are waived,
 unless a motion to suppress the deposition or some part thereof is made
with reasonable promptness after such defect is, or with due diligence
might have been, ascertained.
B. Deposition before action
◦ A person who desires to perpetuate his own testimony
or that of another person regarding any matters that
maybe 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.
 The petition shall :
 be entitled in the name of the petitioner;
 show that the petitioner expect 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;
 show the subject matter of the expected action and his interest therein;
the facts which he desires to establish by the proposed testimony and his
reasons for desiring to perpetuate it;
 include the names or a description of the persons he expect will be
adverse parties and their addresses so far as known; and the names and
addresses of the persons to be examined and the substance of the
testimony which he expect to elicit from each,
 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.
◦ 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.

◦ The court shall

 At least twenty (20) days before the date of the
hearing, cause notice thereof to be served on the
parties and prospective deponents in the manner
provided for service of summons.
How Deposition is taken?
◦ The deposition may be taken in the same manner
as depositions pending action are taken and the
court to which reference may be made for
prospective or limiting orders shall be the court in
which the petition was filed.

◦ 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 specifying the subject matter of the
examination an whether the deposition shall be
taken upon oral examination or written
interrogatories.
Use of the deposition
• The deposition taken before action may be
used in any action involving the same subject
matter subsequently brought in the same
manner that a deposition pending action may
be used.
C. Depositions pending appeal
(Rule 24)
 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 witness 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 the names and addresses of the
persons to be examined and the substance of the testimony
which he expects to elicit from each in the reason for
perpetuating their testimony.
 If the courts finds that the perpetuation
of the testimony is proper to avoid the
failure or delay of justice, it may make
an order allowing the deposition to be
taken, and thereupon the depositions
may be taken and used in the same
manner and under the same conditions
as are prescribed for depositions taken
in pending actions.
“Work Product Rule”.
◦ This rule applies not only to evidence obtained on deposition
but to evidence obtained through the order modes of discovery.

◦ Under the “work product rule” statement, memoranda and

impressions gotten by a lawyer in the course of preparing for
litigation cannot be inquired into via the discovery process
without showing absolute necessity to avoid hardship or injuries.

◦ This rule is founded in the need to protect the legal profession

so that lawyer does not work with wits borrowed from their
brother’s lawyers who otherwise would be discouraged from
performing their professional best.
Interrogatories to parties
(Rule 25)
 In general
◦ This mode of discovery has necessarily
inherent limitations as a device for
developing facts prior to trial.
◦ Extensive examination of the adverse party
by interrogatories may be cumbersome
and likely to prove inefficient as compared
with deposition-taking.
 Procedure for service and answering of
interrogatories
◦ Under the same conditions for deposition-taking,
any party desiring to elicit material and relevant
facts from any adverse party shall file and serve
upon the latter written interrogatories to be
answered by the party served or, if the party is
served is a public or private corporation or a
partnership or association, by any officer thereof
competent to testify in its behalf.

◦ The interrogatories shall be answered fully in

writing and shall be sign 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 answer 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.

◦ 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
answer shall be deferred until the objections are
resolved, which shall be at as early a time as is
practicable. No party may, without leave of court,
serve more than one set of interrogatories to be
answered by the same party.
 Scope and use of interrogatories
◦ Interrogatories may relate to any matter
that can be inquired into under deposition-
taking and the answer may be used for
the same purposes as a deposition may
be used.
 Effect of failure to serve written
interrogatories
◦ Unless later 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.

 Request for admission

◦ As in the case interrogatories, this mode of
discovery is applicable only to the adverse
party.
 Filing and service of request
◦ 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 documents 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.
 Effect of request
◦ 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 matter 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 and his compliance therewith shall be
deferred until such objections are resolved, which
resolution shall be made as early as practicable. (Rule
26, Sec. 2)
 Any admission made by a party pursuant to such
request is for the purpose of the pending action only
and shall not constitute and admission or an order
for production and inspection or an order to submit
to a physical or mental examination and among
these sanctions are the following:

◦ (a) an order that the matters regarding which the

questions were asked, or the character or description of
the thing or land, or the contents of the paper, or the
physical or mental condition of the party, or any other
designated facts shall be taken to be established for the
purposes of the action in accordance with the claim of
the party obtaining the order;

◦ (b) an order refusing to allow the disobedient party to

support or oppose designated claims or defenses or
prohibiting him from introducing in evidence designated
documents or things or items of testimony, or from
introducing evidence of physical or mental condition;
◦ (c) an order striking out pleadings or parts
thereof, or staying further proceeding or any
part thereof, or rendering a judgment by
default against the disobedient party; and

◦ (d) in lieu of any of the foregoing orders or in

addition thereto, an order directing the arrest
of any party or agent of a party for
disobeying any of such orders except an
order to submit to a physical or mental
examination ( Rule 29, Sec. 3)
Note:
◦ If a party after being served with a request for
admission refuses to admit the genuineness of
any document or the truth of any matter of fact,
serves a sworn denial thereof and if the party
requesting the admissions thereafter proves
the genuineness of such document or the truth
of any such matter of fact, he may apply to the
court for an order requiring the other party to
pay him the reasonable expenses incurred in
making such proof, including attorney’s fees.
Unless the court finds that there were good
reasons for the denial or that admissions
sought were of no substantial importance, such
order shall be issued.(Rule 29, Sec. 4 )
◦ If the party or an officer or managing agent of a party
willfully fails to appear before the officer who is to
take his deposition, after being served with a proper
notice, or fails to serve answers to written
interrogatories submitted after proper service of such
written interrogatories, the court on motion and
notice, may strike out all or any part of any pleading
of that party, or dismiss the action or proceeding or
any part thereof, or enter a judgment by default
against that party, and in its discretion, order him to
pay reasonable expenses incurred by the other,
including attorney’s fees.(Rule 29, Sec.5)

◦ While resort to discovery is not compulsory, all of the

foregoing sanctions coalesce to effectively make
such resort compulsory.