DEPOSITIONS BEFORE ACTION OR PENDING

APPEAL

RULE 24
 INTRODUCTION
• Modes of Discovery- is a device employed by a
party to obtain, from the adverse party, information
about relevant matters in the case in preparation
for the trial.

• The purpose is to permit mutual knowledge before

trial of all relevant facts gathered by both parties so
that either party may compel the other to disgorge
facts whatever he has in his possession.
Modes of Discovery under the Rules of Court
(Bar 2000)
1. Depositions pending action (Rule 23)
2. Depositions before action or pending appeal
(Rule 24)
3. Interrogatories to parties (Rule 25)
4. Admission by adverse party (Rule 26)
5. Production or inspection of documents or things
(Rule 27)
6. Physical and mental examination of persons (Rule
28)
• Deposition- is the taking, out of court, of the
testimony of any person, whether he be a
party or not, but at the instance of a party to
the action.
• A deposition may be sought for use in:
1. Pending Action (Rule 23)
2. Future Action/ Pending Appeal (Rule 24)
Section 1. Depositions before action; petition.
— A person who desires to perpetuate his
or her 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. (1a)
• Section 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 or her interest therein; (c) the facts which he or
she desires to establish by the proposed testimony and his or her
reasons for desiring to perpetuate it; (d) the names or a description of
the persons he or she 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 or she 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. (2a)
• Section 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) calendar 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. (3a)
• Section 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. (4)
• Section 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. (5)
• Section 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. (6)
• Section 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 or she 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. (7a)
 Perpetuation of Testimony Before Action

1. The perpetuation of a testimony is done by filing a verified

petition in the place of the residence of any expected
adverse party. (Sec. 1, Rule 24)
2. Notices shall be sent in accordance with the Rules (Sec. 3,
Rule 24) and if the court is satisfied that the perpetuation
of the testimony may prevent a failure or delay of justice,
it make the appropriate order for the taking of the
deposition (Sec. 4, Rule 24)
3. The deposition taken under this Rule is admissible in
evidence in any action subsequently brought involving the
same subject matter (Sec. 6, Rule 24)
 Depositions Pending Appeal
1. 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 the
appeal if the time therefor has not expired,
the court in whuch 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 cout. (Sec, 7, Rule 24)
 Depositions Pending Appeal
2. The party who desires to perpetuate the testimony
may make a motion in said court of leave to take
the depositions. The notice and service shall be
made in the same manner as if the action is
pending. (Sec. 7, Rule 24)
3. The motion shall state the; a. Names and addresses
of the persons to be examined; b. Substance of the
testimony he expects to elicit from each of the
persons to be examined and; c. Reason for
perpetuating their testimony. (Sec. 7, Rule 24)
 Depositions Pending Appeal
4. The court shall allow the depositions if it finds
that the perpetuation of the testimony is
proper to avoid failure of justice / delay. The
depositions may be taken and used in the
same manner and under the same condition
prescribed for depositions taken in pending
actions. (Sec. 7, Rule 24)
 Section 1
• Depositions before action- This type of
deposition a person desires to perpetuate his
own testimony or that of another person
regarding any matter that may be cognizable
in any court of the Philippines.
 What are the contents of the petition?
• The petition shall be entitled in the name of the petitioner
and shall show:
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
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 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 perpetuation their
testimony.
 Rule on Notice and Service of Depositions
Before Action
• 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 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.
 Contents of the Motion for Deposition
Pending Appeal
• The motion shall state:
1. The names and addresses of the persons to be examined.
2. The substance of the testimony which he expects to elicit from
each other.
3. The reason for perpetuating their testimony. (Sec 7, Rule 14)
NOTE:
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
condition as are prescribed under Rule 23. (Sec 7, Rule 24)