Modes of Discovery

Discovery is a device employed by a party to obtain information about relevant matters on the case
from the adverse party in the preparation for trial. This may be used by all the parties to the case.

Purpose:
To enable the parties to obtain the fullest possible knowledge of the issues and evidence long
before the trial to prevent such trial from being carried on the dark.
Importance: To shorten the period of litigation and speed up adjudication.
- Not mandatory but failure to avail carries sanctions in Rule 25
- Discovery still applies even if Motion for Bill of Particulars denied

Modes of Discovery:
1. Depositions pending action
2. Depositions before action or pending appeal
3. Interrogatories to parties
4. Admission by adverse party
5. Production or inspection of documents
6. Physical and mental examination of persons

RULE 23 DEPOSITIONS PENDING ACTION (Deposition de benne esse)

Deposition:
- the written testimony of a witness given in the course of a judicial proceeding, in advance of the
trial or hearing upon oral examination or in response to written interrogatories and where an
opportunity is given for cross examination (Republic vs Sandiganbayan)
- intended as a means to compel disclosure of facts resting in the knowledge of a party or other
person, which are relevant in a suit.

Two Methods:
1 Oral Examination - presence of deponent and the counsels are necessary
7. Written interrogatory - the presence of deponent and counsels are not necessary

Before service of answer but after 1. 3 Examinations and Cross-Examinations Deponent may be examined or cross-examined following the procedures for witnesses in a trial. After answer has been served jurisdiction over the person of defendant 2.Witness. . may be taken.any person used by any party for contradicting or impeaching testimony of deponent as witness. . Sec. Not privileged 2. Person not confined in prison Whom may be taken Any person. whether or not a party. Sec. 2 Scope of Examination The deponent may be examined on all matters: 1.a party or any one who at the time of deposition was an officer. Answer ex abundant cautela 3. Deposition of a person confined in prison 2.1 When may be taken With Leave of Court Without Leave of Court 1. Trial Present at the time of taking . partnership or association. Not restricted by a protective order (Sections 16 and 18) Sec.Deponent . whether a party or not. director or managing agent of a public or private corporation. He has the same rights as a witness. Relevant to the subject of pending action made by the pleadings 3. at the instance of any party Sec. 4 Use of Depositions Used of Deposition Used against Whom 1.

or is out of the country. makes the . 9 Rebutting Deposition At the trial or hearing. any party whether introduced by him or by any other party may rebut any relevant evidence contained in a deposition. Upon application and notice. 8) General Rule A party shall not be deemed to make a Introduction of deposition binds the person his own witness party who introduces it. Sec. Effect of Taking Deposition (Sec. infirmity or imprisonment d. unless his absence was procured by the party offering the deposition c. Hearing of an interlocutory order Notified at its taking Instances where deposition of any witness may be used for any purpose: a. sickness. 5 Effect of Substitution Substitution of parties does not effect the right to use depositions previously taken. Witness is dead b. that such exceptional circumstances exist Note: Certiorari will not lie against an order admitting or rejecting a deposition in evidence. Party offering the deposition has been unable to procure the attendance of the witness by subpoena e. Resides more than 100km from the place of trial or hearing. 7) Effect of Using Deposition (Sec. 6 Objections to Admissibility Made at the trial or hearing to receiving in evidence any deposition or part Sec. Hearing of motion Represented at the time of taking 3. Witness in unable to testify because of age. Remedy is an appeal from final judgment assigning as error the admission or rejection of a deposition.2. Sec.

10 within the Philippines Sec. consul. Deposition of an opposing party Exemption to (1) deposition is that of an opposing the exception: party or (2) deposition is used to impeach or contradict the deponent Persons before Sec. vice- consul or consular agent of the Phil Notary Public person or officer as may be appointed by commission or under letters rugatory Any person authorised to Any person authorised to administer administer oaths. 12 Commission or Letters Rugatory Commission Letters Rugatory an instrument or order issued by a court of justice to a request issued by the local court addressed to a authorise a person take depositions foreign court. as stipulated by the parties in the parties in writing writing Sec. Introduced to impeach or contradict the witness 2. consul general. requesting the latter to take deposition of person who is within its territorial jurisdiction . 11 in foreign countries whom deposition may be taken Judge One notice before a secretary of embassy or legation. deponent his witness Exception A party offers the deposition in evidence 1. as stipulated by oaths.

. .issued to a non-judicial foreign officer issued tio appropriate judicial officer of the foreign country who will direct somebody to take down testimony rules of procedure of the requesting court applies rules of procedure of the foreign court applies leave of court is not necessary leave of court is necessary Sec. order that (a) deposition shall not be taken before the officer designated in the notice. 16 and 18 which is appropriate and just 8. 16 Orders for protection of parties and deponents Perpetuation of Testimony . 13 Disqualification by interest No deposition shall be taken before a person who is: 1. A relative within the same degree. before any person authorised to administer oaths if the parties so stipulate in writing Sec. An employee or counsel of any parties 3. Sec.instance where the deposition of a person be taken every before a case is filed. Financially interested in the action Sec. 14 Stipulations regarding taking of depositions Within the country. on motion by party or deponent. . 28 Orders for protection After service of interrogates and prior to taking of testimony. or employee of such counsel 4. the court in which action is pending.no summons issued since no defendant yet. 15. or (b) shall not be taken except upon oral examination. A relative within the 6th degree of affinity or consanguinity 2.petition to be filed for purpose of perpetuating testimony must be filed in with the RTC because it is a petition incapable of pecuniary estimation. a deposition may be taken. and for good cause may make: 1 any order under Sec.court will issue notice that will inform potential adversaries of the request for the perpetuation of testimony. .

embarrass or oppress the deponent or party Note: When right against self-incrimination is invoked by deponent or his counsel.if there may be some changes in form and substance. the officer shall signed it and state the record the fact of waiver with the reasons. Party giving the notice of taking of deposition of witness fails to serve a subpoena upon him .refusal to sign require rejection of the deposition Failure to attend of party giving notice (Sec.deposition may be used as fully as though signed unless on a motion to suppress under sec.signed by witness. unless it is waived by the witness and parties. unless parties waived the signing or witness is ill or cannot be found . . Party giving the notice fails to attend and proceed 1. . the officer shall entered such in the deposition with a statement reasons given by witness .if not signed. shall be submitted to witness for examination and shall be read to him. the trial court may stop examination Protection Order (Sec. 19 Submission to witness . 18 Motion to terminate May be filed: 1 Any time during the taking of deposition 9. . Motion or petition of any party or deponent 10. 29.Testimony fully transcribed. 24) 1. Upon showing that examination conducted is: (a) bad faith or (b) in such manner as unreasonably to annoy. 23) Failure of party giving notice to serve subpoena (Sec.Sec. 18) Protection to party or witness before the taking provides protection during the taking of of deposition deposition Motion is filed with the court in which the action Motion or petition is filed in court which the is pending action is pending or the RTC of the place where the deposition is taken Sec. 16) Motion to Terminate or Limit Examination (Sec.

a general description sufficient to identify him or the particular class or group to which he belongs Note: Parties participating in the oral examination may be served with written interrogatories to the officers. a party served may cross-interrogatories upon the party proposing to take deposition . Sec. if known. Another party attends in person or by counsel Note: In both cases. Name and address of each person to be examined. the latter may serve re-direct interrogatories upon a party who has served cross- interrogatories. Sec. . name or descriptive title and address of the officer before whom the deposition is to be taken.within 3 days after service with re-direct. a party may served recross-interrogatories upon the party promising to take deposition. Notice shall state: 1 The time and place 11. . Another attends in person or by counsel pursuant 2. 25 Deposition upon written interrogatories 1 Serve them upon very other party 12. With a notice stating: a. name and address of person who is to answer to them b. the court ay order the party giving notice to pay such other party the amount of the reasonable expenses incurred bu him and his counsel in attending. including reasonable attorney’s fees.2.within 5 days. Witness fails the attend because of failure to to notice serve subpoena 3. If name is not known. who shall propound them to the witness and records the answer verbatim. 15 Deposition upon oral examinations A party designated to take deposition of any person upon oral examination shall give reasonable notice in writing to every party to the action.within 10 days. .

Manner of preparation . 26 Officers to take and prepare record . 18. 29 Effect of Error and Irregularities 1 As to notice .Sec. personally or by some one acting under his direction and presence.copy of notice and all interrogatories served shall be received by the party taking into the officer designated in the notice .testimony must be stenographically taken unless the parties agreed otherwise. the officer shall promptly give notice to all the parties. 27 Notice of taking and furnishing copies When deposition upon interrogatories is filed.not waived by failure to make them before or during the taking unless the ground for objection is one which might have been removed if presented at the time. Oral Examination . Form of written interrogatories . 14. and may furnish copies to them or to deponent upon payment of reasonable charges Sec.waived unless written objection is served upon the party going notice. .objections made at the time of examination to qualification or manner of taking it or to evidence or to conduct of any party or any other objection shall be noted by the officer. 17 Record of examination Duty of officer before whom the deposition is to be taken: 1 put the witness on oath 13. . Disqualification of officer .waived unless made before the taking of deposition beings or as soon as the disqualification become known 15. record the testimony .waived unless a motion to suppress the deposition or some part is made with reasonable promptness after such defect or with due diligence might have been ascertain. Sec. certify and file the deposition.officer shall proceed promptly to take the testimony of witness in response to the interrogatories and to prepare.waived unless served in writing upon the party propounding them within the time allowed. Competency and relevancy of evidence . attaching the copy of notice and the interrogatories received by him Sec.waived unless reasonable objection is made at the taking of deposition 17. .Evidence objected to shall be taken subject to objections. 16.

as follow: A What is your name and other personal circumstance? A. A- A Do you have personal knowledge that in said premises the following properties are being kept. to wit: _______________ A- A Do you know who is or who is the person or persons who have or have control of him above-described properties? A- A How did you know that the said properties are kept in his/her premises which are subject of the offense? A. and (civil status) and presently assigned with the _________________. the applicant for Search Warrant? A. We conducted discreet surveillance and it was confirmed that ________________ is keeping ___________________ in his/her premises/ residence.____ Plaintif -versus. We are_______________ and _________________ both of legal ages. A Do you know ____________________. Quezon City PEOPLE OF THE PHILIPPINES SEARCH WARRANT NO. being used or intended to be used without proper documents. _______________________________ after having been duly sworn to testifies. For _________________________ _________________________ Respondent x------------------------------------------x DEPOSITION OF WITNESSES We.Sample of Deposition of Witness Republic of the Philippines REGIONAL TRIAL COURT __________________________________ Branch ___________. __________________________ __________________________ Affiant Affiant SUBSCRIBED AND SWORN to before me this ___________ day of _______________ 1999 at ________________________. . A Do you know the premises of _____________________________.

_________________________ Judge .