RULE

RULE 23
DEPOSITION
PENDING APPEAL

USE

1. MAY BE USED
BY ANY PARTY
FOR THE
PURPOSE OF
CONTRADICTING
OR IMPEACHING
THE TESTIMONY
OF THE
DEPONENT
2. EPOSITION OF
OFFICER ETC OF
PBLIC OR
PRIVATE CORP
WHICH IS APARTY
MAY BE USED BY
ADVERSE PARTY
FOR ANY
PURPOSE

WHEN TAKEN

WHERE
TAKEN

HOW TAKEN

By leave of
court after
jurisdiction
have been
acquired but
before the
defendant
answered

TO PERPETUATE
HIS OWN
TESTIMONY OR
THAT OF
ANOTHER
PERSON

BEFORE
WHOM MAY
BE TAKEN

1. AT THE TRIAL
2. AT THE
HEARING OF A
MOTION
C. AT THE
HEARING OF
INTERLOCUTORY
PROCEEDING

WITH LEAVE OF
COURT- IF
PRISONER
DEPONENT
Without LEAVE
OF COURTAFTER AN
ANSWER HAS
BEEN SERVED

PHILIPPINES:
1. JUDGE
2. NOTARY
PUBLIC
3. ANY
PERSON
AUTHORIZED
TO
ADMINISTER
OATH
FOREIGN
COUNTRY
1. PERSON AS
MAY BE
APPOINTED
BY
COMMISSION
OR UNDER
LETTERS OF
ROGATORY

3. FOR ANY
PURPOSE, IF
COURT FINDS:
A. witness is
dead
b. resides
within more than
100 kilometers
from the place of
trial
c. witness
unable to attend
due to illness
d. attendance of
witness cannot be
procured
e. exceptional
circumstances
RULE 24
DEPOSITION
BEFORE ACTION

WHEN MAY BE
USED

2. ANY
PERSON
AUTHORIZED
TO
ADMINISTER
OATH

THE COURT
OF THE
PLACE OF
RESIDENCE
OF ANY
EXPECTED
ADVERSE

FILING
VERIFIED
PETITION

AGAINST
WHOM
ISSUED
ANY
PERSON
WHETHER
A PARTY
OR NOT

WHEN REPLIED TO

WHEN
OBJECTED
TO
AT THE
TRIAL OR
HEARING
FOR
RECEIVING
EVIDENCE

EFFECT OF ERRORS AND

IRREGULARITIES IN
DEPOSITION
AS TO NOTICE WAIVED
UNLESS WRITEEN
OBJECTION PROPMTLY
SERVED UPON THE PARTY
GIVING NOTICE
AS TO QUALIFICATION OF
OFFICER- WAIVED UNLESS
MADE BEFORE THE TAKING
OF DEPOSITIONS BEGIN
OR
AS SOON THEREAFTER AS
THE DISQUALIFICATION
BECOME KNOWN OR
COULD BE DISCOVERED
WITH REASONABLE
DILIGENCE
AS TO
COMPETENCY/RELEVANCY
OF EVIDENCE NOT
WAIVED BY FAILURE TO
INVOKE IT DUT=RING
TAKING UNLESS THE
GROUND OF THE
OBJECTION IS ONE WHICH
MIGHT HAVE BEEN
OBVIATED OR REMOVED IF
PRESENTED IN TRIAL
MANNER OF PRESENTATION
WAIVED UNLESS
REASONABLE OBJECTION
THERETO IS MADE AT
TAKING

PARTY
IT MAYBE USED
IN ANY ACTION
INVOLVING THE
SAME SUBJECT
MATTER
SUBSEQUENTLY
BROUGHT

OR PENDING
APPEAL
BEFORE
TAKING AN
APPEAL IF THE
TIME
THEREFORE
HAS NOT
EXPIRED
RULE 25
INTERROGATORIES
TO PARTIES

MOTION FOR
LEAVE TO
TAKE
DEPOSITION

1. ELICIT FACTS
FROM ADVERSE
PARTY

15 DAYS AFTER
SERVICE OF
INTERROGATORIES

2. MAY BE USED
AS ADMISSIONS
OF THE ADVERSE
PARTY

RULE 26
ADMISSION BY
ADVERSE PARTY

3. ANSWER MAY
CONSTITUTE
JUDICIAL
ADMISSION
FOR THE
ADMISSION OF
THE GENUINESS
OF ANY MATERIAL
AND RELEVANT
DOCUMENT
TRUTH OF ANY
MATERIAL
RELEVANT
MATTER OF FACTS
FOR THE

ANYTIME AFTER
ISSUED HAD
BEEN JOINED

ANY
OTHER
PARTY

15 DAYS AFTER
SERVICE- IF NOT
DEEMED ADMITTED

BEFORE
FILING HIS
SWORN
STATEMENT

RULE 27
PRODUCTION AND
INSPECTION OF
DOCUMENTS OR
THINGS

PURPOSE OF
PENDING ACTION
ONLY
1. TO PRODUCE
AND PERMIT
INSPECTION OF
DOCUMENTS

BEFORE
ANSWER

UPON
MOTION
WITH
NOTICE TO
ADVERSE
PARTY

WHEN THE
PHYSICAL OR
MENTAL
CONDITION IS
IN
CONTROVERSY

UPON
MOTION
WITH
NOTICE TO
THE PARTY
TO BE
EXAMINED

2. TO PERMIT
ENTRY UPON
DESIGNATED
LAND OR
PROPERTY IN HIS
POSSESSION OR
CONTROL FOR
THE PURPOSE OF
INSPECTING ERC
RULE 28
PHYSICAL AND
MENTAL
EXAMINATION OF
PERSONS