RULE 23

DEPOSITIONS
PENDING ACTION
DEPOSITION defined
A deposition is the testimony of a witness taken
upon oral question or written interrogatories, not
in open court, but in pursuance of a commission
to take testimony issued by a court, or under a
general law or court rule on the subject, and
reduced to writing and duly authenticated, and
intended to be used in preparation and upon
the trial of a civil or criminal prosecution.
Discovery
A device employed by a party to obtain
information about relevant matters on the case
from the adverse party in preparation for the
trial.
Purpose of Discovery
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.
PURPOSES OF TAKING DEPOSITIONS
1. Give greater assistance to the parties in ascertaining the
truth and in checking and preventing perjury.
2. Provide an effective means of detecting and exposing
false, fraudulent claims and defenses.
3. Make available in a simple, convenient and inexpensive
way, facts which otherwise could not be proved except
with great difficulty.
4. Educate the parties in advance of trial as to the real
value of their claims and defenses thereby encouraging
settlements.
PURPOSES OF TAKING DEPOSITIONS

5. Expedite litigation.
6. Safeguard against surprise.
7. Prevent delay.
8. Simplify and narrow the issues.
9. Expedite and facilitate both preparation
and trial.
SECTION 1
DEPOSITIONS
PENDING ACTION,
WHEN MAY BE TAKEN
SECTION 1. DEPOSITIONS PENDING
ACTION, WHEN MAY BE TAKEN.
By leave of court, after jurisdiction has been obtained over any
defendant or over property which is the subject of the action, or without
such leave after an answer has been served, the testimony of any
person, whether a party or not, may be taken, at the instance of any
party, by deposition upon oral examination or written interrogatories. The
attendance of witnesses may be compelled by the use of a subpoena
as provided in Rule 21. Depositions shall be taken only in accordance
with these Rules. The deposition of a person confined in prison may be
taken only by leave of court on such terms as the court prescribes.
PURPOSE OF RULE

The purpose of this Rule is to authorize the

taking of a deposition in a pending action
either to make discovery in preparation for,
or to be used as evidence upon the trial of,
such action.
 WHEN DEPOSITION MAY BE
TAKEN
(1)Pending action under this Rule.
(2)Before action or pending appeal. (Rule 24)

Leave of court before answer.

Leave of court is not necessary after

answer.
SECTION 2
SCOPE OF
EXAMINATION
SECTION 2. SCOPE OF EXAMINATION
Unless otherwise ordered by the court as provided by Section
16 or 18 of this Rule, 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 the identity
and location of persons having knowledge of relevant facts.
SECTION 3
EXAMINATION
AND CROSS-EXAMINATION
SECTION 3. EXAMINATION
AND CROSS-EXAMINATION

Examination and cross-examination

of deponents may proceed as
permitted at the trial under Section 3
to 18 of Rule 132.
SECTION 4
USE OF
DEPOSITIONS
TO WHOM SHALL BE USED?
Any part or all of the deposition, so far as
admissible under the rules of evidence, may
be used for the following:
(a)against any party who was present or
represented at the taking of the deposition,
or
(b)against one who had due notice of the
deposition.
(Sec. 4, Rule 23, Rules of Court)
WHEN DEPOSITIONS MAY BE
USED?
The deposition or any of its parts, may be used at the
trial or upon the hearing of a motion or an
interlocutory proceeding.

It may also be used by any party for any purpose

under the circumstances provided in subsection (c) of
Section 4 of this Rule.

(Sec. 4, Rule 23, Rules of Court)

FOR WHAT PURPOSES DEPOSITIONS
MAY BE USED?
The deposition may be used for the following purposes:
(a)For contradicting or impeaching the testimony of the
deponent as a witness;
(b)For any purpose by the adverse party where the
deponent is a party or at the time of the deposition
was an officer, director, or managing agent of a
public or private corporation, partnership or
association which is a party;
(c) For any purpose by any party, where the deponent is a
witness, whether or not a party, if the court finds that (i) the
witness is dead, (ii) that the witness resides 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; or (iii)
that the witness is unable to attend or testify because of
age, sickness, infirmity, or imprisonment; or (iv) that the
party offering the deposition has been unable to procure the
attendance of witnesses by subpoena; or (v) when
exceptional circumstances exists, upon application and
notice.

(Sec. 4, Rule 23, Rules of Court)

WHAT IF A DEPOSITION IS OFFERED
DURING TRIAL IN LIEU OF THE
ACTUAL ORAL TESTIMONY OF THE
DEPONENT (WHO IS PRESENT) IN
OPEN COURT?
Such deposition may be opposed and excluded on the
ground of hearsay.

While depositions may be used as evidence in court

proceedings, they are generally not meant to be a
substitute for the actual testimony in open court of a party
or witness. A deposition is not to be used in trial when the
deponent is around. The deponent must be presented for
oral examination in open court at the trial or hearing.
SECTION 5
EFFECT OF
SUBSTITUTION OF
PARTIES
WHAT IF THERE IS A SUBSTITUTION
OF PARTIES?
The substitution of parties does not affect the right to use the
depositions previously taken. (Sec. 5, Rule 23, Rules of Court)

The same rule also provides that when an action has been dismissed
and another action involving the same subject and between the
same parties or their representatives or successors in interest, is
afterwards brought, all the depositions lawfully taken and duly filed in
the former action may be used in the latter as if originally taken.
SECTION 6
OBJECTIONS TO
ADMISSIBILITY
 WHEN SHALL DEPOSITIONS BE
PROPERLY OBJECTED?
The admissibility of the deposition does not preclude the
determination of its probative value at the appropriate time. They
can be properly objected to at the trial or hearing under the
provisions of Section 29 of this Rule. (Sec. 6, Rule 23, Rules of Court)

The admissibility of evidence should not be equated with weight of

evidence. The admissibility of evidence depends on its relevance
and competence, while the weight of evidence pertains to
evidence already admitted and its tendency to convince and
persuade (San Luis vs. Rojas etc. G.R. 159127, March 3, 2008).
SECTION 7
EFFECT OF TAKING
DEPOSITIONS
SECTION 7

EFFECT OF TAKING DEPOSITIONS

A party shall not be deemed to make a

person his own witness for any purpose by
taking his deposition.
REASON FOR THIS RULE

Depositions are taken as mode for

discovery and not as evidence.
SECTION 8
EFFECT OF USING
DEPOSITIONS
 SECTION 8

EFFECT OF USING DEPOSITIONS

The introduction in evidence of the deposition or any part
thereof for any purpose other than that of contradicting or
impeaching the deponent makes the deponent the
witness of the party introducing the deposition, but this
shall not apply to the use by an adverse party of a
deposition as described in paragraph (b) of section 4 of
this rule. (8, R24)
Depositions must be offered first in
court before it can be admitted as
an evidence.
SECTION 9
REBUTTING
DEPOSITIONS
SECTION 9

REBUTTING DEPOSITIONS

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. (9, R24)
SECTION 10
PERSONS BEFORE
WHOM DEPOSITIONS
MAY BE TAKEN
WITHIN THE PHILIPPINES, DEPOSITIONS
MAY BE TAKEN BEFORE ANY:

• judge,
• notary public
• or the person referred to in section 14 hereof.
(AS CITED IN SECTION 10)
SECTION 14 PROVIDES:

depositions may be taken before any person

authorized to administer oaths:
• If the parties so stipulate in writing,
• at any time or place,
• in accordance with these Rules and
• when so taken may be used like other
depositions.
SECTION 11
PERSONS BEFORE
WHOM DEPOSITIONS
MAY BE TAKEN IN
FOREIGN COUNTRIES
 — In a
foreign
state or
country,

secretary
of
embassy consul
or general,
legation

consular
agent of
vice- the
consul Republic
consul of the
Philippine
s
OR

before such person or

officer as may be
appointed by commission
or under letters rogatory

the person referred to in

section 14 hereof
SECTION 12
COMMISSION OR
LETTERS ROGATORY
Section 12. COMMISSION OR LETTERS
ROGATORY
When is commission or letters rogatory necessary?
• A commission or letters rogatory shall be issued
only when:
• necessary or convenient,
• on application and notice,
• and on such terms, and with such direction as
are just and appropriate.
HOW ARE OFFICERS IN
COMMISSIONS DESIGNATED?

• 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
COMMISSION, defined

To authorize

• Court of justice
• Or other • A person to
• An instrument competent
tribunal Take despositions
Issued by Or do any other act by
authority of such court
or tribunal
LETTERS ROGATORY, defined

Upon interrogatories
filed in a case pending
• An instrument before the former • A witness who is:
sent in the name
and by authority • Requesting to the
of judge or court latter to cause to
to be examined
Within the jurisdiction
of the judge or court to
whom such letters are
ANOTHER COURT addressed
 COMMISSIONS v. LETTERS ROGATORY
(Dulay v. Dulay, GR # 158857, November
11,2005)
Commissions Letters Rogatory
Directives to officials Request to foreign
of the issuing tribunals
jurisdiction
Taken in Methods of
accordance with procedure are
the rules laid down under the control of
by the court issuing the foreign national
the commission
 (Dulay v. Dulay, GR # 158857, November 11,2005)
Facts:
Rodrigo filed a petition for the issuance of letters rogatory in order to get the
depositions of several witnesses residing abroad. Petitioners, on the other hand, moved
to be allowed to file cross-examination questions to respondents written interrogatories,
which the trial court granted.

Petitioners argue that the Court of Appeals erred when it refused to dismiss the
case at the trial court level despite respondents failure to prosecute his case with
reasonable diligence. According to petitioners, the major delays in the litigation of the
case were caused by respondents failure to send on time the needed documents to
the trial court.

Petitioners allege that contrary to the ruling of the Court of Appeals the
documents submitted by respondent were not taken in substantial compliance with the
directive of the trial court itself but in violation of Sections 11, 12, and 14, Rule 23 of the
Rules of Court.
 ISSUE
di naghuhugas ng pinggan!

Charot!
 ISSUE
Whether or not the documents submitted by
respondent were in violation of Sections 11, 12,
and 14, Rule 23 of the Rules of Court.
 SUPREME COURT RULING
No, the Court finds that respondent substantially complied with the
requirements for depositions taken in foreign countries.

In our jurisdiction, depositions in foreign countries 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) before any person authorized to administer oaths as stipulated in
writing by the parties.
 Leave of court is not required when the deposition is to be taken before a
secretary of embassy or legation, consul general, consul, vice-consul or consular
agent of the Republic of the Philippines and the defendants answer has already
been served.
However, if the deposition is to be taken in a foreign country where the
Philippines has no secretary of embassy or legation, consul general, consul, vice-
consul or consular agent, it may be taken only before such person or officer as
may be appointed by commission or under letters rogatory.

In the instant case, the authentication made by the consul was a

ratification of the authority of the notary public who took the questioned
depositions.

The deposition was, in effect, obtained through a commission, and no

longer through letters rogatory. With the ratification of the depositions in issue,
there is no more impediment to their admissibility.
 Besides, the allowance of the deposition
can not be said to have caused any
prejudice to the adverse party. They were
given the opportunity to cross-examine the
witnesses through their cross-interrogatories,
which were in turn answered by the
deponents. Save for the complaint of delay in
the proceedings, petitioners were unable to
point out any injury they suffered as a result of
the trial courts action.
SECTION 13
DISQUALIFICATION
BY INTEREST
SECTION 13

DISQUALIFICATION BY INTEREST

No deposition shall be taken before any person who is a

relative within the sixth 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 each
counsel; or who is financially interested in the action.
 DISQUALIFICATIONS OF A
DEPOSITION OFFICER:
1.One who is related to the deponent within the 6th degree of
consanguinity or affinity;

2. An employee or attorney of one of the parties;

3. One who is related to the attorney of the deponent within the

same degree or employee of such attorney; and

4. One who is financially interested in the action.

SECTION 14
STIPULATIONS
REGARDING TAKING
OF DEPOSITIONS
 SECTION 14

STIPULATIONS REGARDING TAKING

OF DEPOSITIONS
If the parties so stipulate in writing, depositions
may be taken before any person authorized
to administer oaths, at any time or place, in
accordance with these Rules, and when so
taken may be used like other depositions.
STIPULATION IN WRITING FOR THE
TAKING OF DEPOSITIONS

The parties may stipulate in writing as to the

person authorized to administer oaths, as to
the time and place, but not as to the manner
of taking depositions which should be in
accordance with the rules (Feria & Noche,
2013).
SECTION 15
DEPOSITION UPON
ORAL EXAMINATION;
NOTICE; TIME AND
PLACE
 SECTION 15

DEPOSITION UPON ORAL EXAMINATION;

NOTICE; TIME AND PLACE
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, and if the name is not known, a general
description sufficient to identify him or the particular class or group to
which he belongs. On motion of any party upon whom the notice is
served, the court may for cause shown enlarge or shorten the time.
REQUIREMENT BEFORE TAKING
DEPOSITION UPON 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
CONTENTS OF THE NOTICE
IT SHALL STATE THE FOLLOWING:
• Time and place for taking the deposition;
• Name and address of each person to be
examined, if known, and 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.
SECTION 16
ORDERS FOR THE
PROTECTION OF
PARTIES AND DEPONENTS
SECTION 16. ORDERS FOR THE PROTECTION
OF PARTIES AND DEPONENTS
After notice is served for taking a deposition by oral examination, upon motion
seasonably made by any party or by the person to be examined and for good
cause shown, the court in which the action is pending may make an order that
the deposition shall not be taken, or that it may be taken only at some designated
place other than that stated in the notice, or that it may be taken only on written
interrogatories, or that certain matters shall not be inquired into, or that the scope
of the examination shall be held with no one present except the parties to the
action and their officers or counsel, or that after being sealed the deposition shall
be opened only by order of the court, or that secret processes, developments, or
research need not be disclosed, or that 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. (16a, R24)
This section and section 18 are the safeguards
provided by the rules against the almost
unlimited scope of examination by deposition
and protect the party or witnesses from
annoyance, embarrassment, or oppression.
Q: WHAT ORDERS MAY COURT ISSUE FOR THE PROTECTION
OF PARTIES AND DEPONENTS; WHEN MAY ORDERS BE
ISSUED; WHAT COURTS HAS POWER TO ISSUE THE
ORDERS?

A: After notice is served for taking a deposition by oral examination, upon

motion seasonably made by any party or by the person to be examined and
for good cause shown, the court in which the action is pending may issue the
following orders:
a) That the deposition shall not be taken;
b) That it may be taken only at some designated place other than that
stated in the notice;
c) That it may be taken only on written interrogatories;
d) That certain matters shall not be inquired into;
e) That the scope of the examination shall be held with no one present except the parties
to the action and their offices or counsel;
f) That after being sealed the deposition shall be opened only by the order
of the court;
g) The secret processes, developments, or research need not be disclosed;
h) That the parties shall simultaneously file specified documents or
information enclosed in sealed envelopes to opened as directed by the
court;
i)The court may make any other order which justice requires to protect the
party or witness from annoyance, embarrassment, or oppression.
WHEN DEPOSITION
SHALL NOT BE TAKEN?

It is only upon notice and for good

cause that the court may order that
the deposition shall not be taken.
WHAT DOES “GOOD CAUSE” UNDER
SECTION 16, RULE 23 MEAN?
Whether or not substantial reason exist is for the court to
determine, as there is no hard and fast rule for determining the
question as to what is meant by the term “for good cause shown”.
A mere allegation, without proof, that the deposition is being
taken in bad faith is not a sufficient ground for such order. Neither
is an allegation that it will subject the party to a penalty for
forfeiture. The mere fact that the information sought by the
deposition has already been obtained through a bill of particulars,
interrogatories, or other depositions will not suffice, although if it is
entirely repetitious a deposition may be forbidden. (Fortune
Corporation vs Court of Appeals, GR No. 108119, January 19, 1994)
SECTION 17
RECORD OF
EXAMINATION,
OATH; OBJECTIONS
SECTION 17

RECORD OF EXAMINATION, OATH; OBJECTIONS

The officer before whom the deposition is to be taken shall put the witness
on oath and shall personally, or by some one acting under his direction and
in his presence, record the testimony of the witness. 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 talking 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 to 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. (17, R24)
HOW IS DEPOSITION IN ORAL
EXAMINATION TAKEN?

It must be under oath. The testimony will be taken

by the stenographically, and objections must be
recorded. Evidence objected to shall be taken
subject to the objections.
CAN THE DEPOSITION OFFICER MAKE A
RULING ON THE OBJECTION/S?
No. He cannot, but the objection will be noted and
the deponent must answer. Later on, if that
deposition is offered in as evidence in court, the
court will now rule on the objection. If the objection
is overruled, the answer as recorded remains. If the
objection is sustained, the answer as recorded is
erased as if it was never answered.
CAN COUNSEL PREVENT HIS CLIENT
FROM ANSWERING?
When the deposition of a witness is being taken, the
party objecting to a question claimed to be immaterial
or irrelevant may object thereto, but such party cannot
prevent the witness from answering the question
because the relevancy or materiality will only be
decided upon trial when the deposition is introduced as
evidence. (Isabela Sugar Co., Inc. vs Macadaeg, 93 Phil
995)
SECTION 18
MOTION TO TERMINATE
OR LIMIT EXAMINATION
SECTION 18
MOTION TO TERMINATE OR LIMIT EXAMINATION
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 forthwith from taking the
deposition, or may limit the scope and manner of the taking of the deposition, as
provided in section 16 of this Rule. 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. Upon demand of the objecting party or deponent, the taking of the
deposition shall be suspended for the time necessary to make a notice for an
order. In granting or refusing such order, the court may impose upon either party
or upon the witness the requirement to pay such costs or expenses as the court
may deem reasonable. (18a, R24)
 WHEN MAY TAKING OF
DEPOSITION BE TERMINATED OR
ITS SCOPE LIMITED
SECTION 18, RULE 23
• At any time DURING THE TAKING of the deposition

• The COURT IN WHICH THE ACTION IS PENDING OR THE RTC OF

THE PLACE where the deposition is being taken may:
order the officer conducting the examination to CEASE FROM
TAKING THE DEPOSITION, or In granting or refusing such order,
the court may impose the requirement to pay such costs or
expenses as the court may deem reasonable:
a. upon either party or
B. upon the witness

LIMIT THE SCOPE AND MANNER of the taking of the

deposition, as provided in section 16 of this Rule.
Grounds for termination of deposition or
limiting the scope of examination
At any time during the taking of the deposition, on motion or petition
of any party or of the deponent, and upon showing that the
examination is conducted in:

1. Bad faith;

2. Such manner as unreasonably to annoy, embarrass, or oppress the

deponent party (Sec. 18, Rule 23); or

3. When the constitutional privilege against self-incrimination is

invoked by deponent or his counsel.
• NOTE: 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. Upon
demand of the objecting party or deponent, the
taking of the deposition shall be suspended for the
time necessary to make a notice for an order. In
granting or refusing such order, the court may
impose upon either party or upon the witness the
requirement to pay such costs or expenses as the
court may deem reasonable. (Sec. 18, Rule 23)
Protection order vs. motion to terminate or
limit examination Protection

Protection Order (Sec. 16, Rule 23) Motion to Terminate or Limit Examination
(Sec. 18, Rule 23)

Provides protection to the party or witness Provides protection during the taking of
before the taking of deposition. deposition.

The Motion is filed with the court in which the Motion or petition is filed with the court in
action is pending. which the action is pending or the RTC of the
place where the deposition is being taken.
SECTION 19
SUBMISSION
TO WITNESS;
CHANGES; SIGNING
SECTION 19
SUBMISSION TO WITNESS; CHANGES; SIGNING
When the 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 be given therefor, if any, and the deposition may then be
used as fully as though signed, unless on a motion to suppress under section 29 (f) of
this Rule, the court holds that the reasons given for the refusal to sign require rejection
of the deposition in whole or in part. (19a, R24)
CHANGES WHICH THE DEPONENT
DESIRE TO MAKE
SECTION 19, Rule 23
GENERAL RULE: When the testimony is fully transcribed, the
deposition shall:
a.) be submitted to the witness for examination and
b.) be read to or by him

EXCEPTION: Such examination and reading are waived by

the witness and by the parties.

NOTE: Any changes in form or substance shall be entered

upon the deposition by the officer with a statement of the
reasons given by the witness for making them. (Sec. 19,
Rule 23)
 Necessity of signing deposition
GENERAL RULE: It shall be signed by the witness.

EXCEPTION:
1. Parties by stipulation waive the signing;
2. Witness is ill;
3. Witness cannot be found; or
4. Witness refuses to sign.

(Sec. 19, Rule 23)

• NOTE: If the witness does not sign the deposition, 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 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 under Sec. 29(f), Rule 23, the court holds
that the reasons given for the refusal to sign require
rejection of the deposition in whole or in part. (Sec.
19, Rule 23)
SECTION 20
CERTIFICATION
AND FILING
BY OFFICER
SECTION 20

CERTIFICATION AND FILING BY OFFICER

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 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. (20, R24)
The officer shall:

1. 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;

2. securely SEAL the deposition in an envelope indorsed with the

title of the action and marked “DEPOSITION OF (name of the
witness)”;

3. promptly FILE it with the court which the action is pending OR

send it by registered mail to the Clerk of Court thereof for filing.
SECTION 21
NOTICE OF
FILING
SECTION 21

NOTICE OF FILING

The officer taking the deposition shall

give prompt notice of its filing to all the
parties.
SECTION 21

NOTICE OF FILING

The officer taking the deposition shall

give PROMPT NOTICE of its filing to ALL
the parties.
SECTION 22
FURNISHING COPIES
SECTION 22

FURNISHING COPIES

Upon payment of reasonable charges

therefor, the officer shall furnish a copy
of the deposition to any party or to the
deponent. (22, R24)
Upon PAYMENT of reasonable charges
therefor, the officer shall furnish a COPY
of the deposition to ANY PARTY or to
the deponent.
SECTION 23
FAILURE TO ATTEND
OF PARTY GIVING
NOTICE
 SECTION 23

FAILURE TO ATTEND OF PARTY

GIVING NOTICE
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. (23a, R24)
SECTION 24
FAILURE OF PARTY
GIVING NOTICE TO
SERVE SUBPOENA
 SECTION 24

FAILURE OF PARTY GIVING

NOTICE TO SERVE SUBPOENA
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 to such other party the amount
of the reasonable expenses incurred by him and his counsel in
so attending, including reasonable attorney's fees. (24a, R24)
SECTION 25
DEPOSITION UPON
WRITTENINTERROGATORIES;
SERVICE OF NOTICE
AND OF INTERROGATORIES
SECTION 25

DEPOSITION UPON WRITTEN

INTERROGATORIES; SERVICE OF NOTICE AND
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 upon a party who has served cross-
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
 RAMON GERARDO B. SAN LUIS vs HON. PABLITO M.
ROJAS in his capacity as Presiding Judge, RTC. Br. 70,
Pasig City and BERDEX INTERNATIONAL INC. , GR.
159127 , March 3, 2008

Facts : On July 12, 2001, Berdex International, Inc.

(private respondent) filed with the Regional Trial Court
of Pasig City (RTC) a complaint for a sum of money
against petitioner, docketed as Civil Case No. 68530
alleging that: it is a foreign corporation organized
and existing under the laws of the United States of
America with principal office in San Francisco,
California, U.S.A
On April 4, 2002, private respondent filed a MOTION (To
Authorize Deposition-Taking Through Written
Interrogatories) alleging that initial presentation of its
evidence is set on May 3, 2002; that however, all of its
witnesses are Americans who reside or hold office in the
USA; that one of the witnesses is already of advanced age
and travel to the Philippines may be extremely difficult if
not dangerous; and there is a perceived danger to them in
the aftermath of the terrorist attacks on September 11,
2002; that written interrogatories are ideal in this case since
the factual issues are already very few; that such mode of
deposition-taking will save precious judicial and
government time and will prevent needless delays in the
case.
In his Opposition and Comment, the petitioner contended that,
Taking the deposition through written interrogatories would deprive
the court of the opportunity to observe the general bearing and
demeanor of witnesses. Petitioner's right to cross-examine the
witnesses will be prejudiced, since he will be limited to cross-
interrogatories which will severely limit not only the scope but the
spontaneity of his cross-examination. It is doubtful whether the
witnesses will give their deposition under sanction of the penalties
prescribed by Philippine law for perjury. It will not necessarily save
precious judicial and government time but may in fact lengthen the
trial, as both parties will have the right to review and to object to
interrogatories submitted by the other party. The claim that travel to
the Philippines would be dangerous for the witnesses who are all
Americans is frivolous, since respondent has not presented evidence
that the US government has prohibited its citizens from traveling to
the Philippines; and if ever there was such prohibition, it was not
binding on our own legal system. Old age was not a valid reason.
 RTC granted private respondent's Motion, as it found the same
appropriate and sanctioned by the rules on deposition-taking.
Petitioner filed with the CA a petition for certiorari with prayer for the
issuance of a temporary restraining order and/or writ of preliminary
injunction.
CA dismissed the petition
Petitioner alleges that the CA failed to appreciate that grave
injustice would be done to him if private respondent, a non-resident
foreign corporation, would have all its witnesses who are foreigners
give their testimonies through deposition upon written interrogatories
which would be taken outside of the Philippines and would seek to
establish an oral contract not supported by any documentary
evidence; that to allow such deposition will prevent the RTC from
testing the credibility of the witnesses, and petitioner's right to cross-
examine the witnesses would be curtailed if not denied, as he would
be limited to cross-interrogatories and re-cross interrogatories based
on written interrogatories.
Supreme Court’s Ruling:
We are not persuaded. Depositions are allowed as a departure from
the accepted and usual judicial proceedings of examining witnesses
in open court, where their demeanor could be observed by the trial
judge; and the procedure is not on that account rendered illegal nor
is the deposition, thereby taken, inadmissible. It precisely falls within
one of the exceptions where the law permits such a situation, i.e., the
use of a deposition in lieu of the actual appearance and testimony
of the deponent in open court and without being subject to the
prying eyes and probing questions of the Judge. Depositions are
consistent with the principle of promoting just, speedy and
inexpensive disposition of every action or proceeding. Depositions
are allowed provided the deposition is taken in accordance with the
applicable provisions of the Rules of Court; that is, with leave of court
if the summons have been served, without leave of court if an
answer has been submitted; and provided, further, that a
circumstance for their admissibility exists
We also find no merit in petitioner's claim that his right to cross-examine private
respondent's witnesses will be curtailed since petitioner is fully accorded the
opportunity for cross-examination under Section 25, Rule 23 of the Rules of Court, to
wit:

SEC. 25. Depositions upon written interrogatories; service of notice and of

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 upon a party who has
served cross interrogatories. Within three (3) days after being served with re-direct
interrogatories, a party may serve re-cross interrogatories upon the party proposing
to take the deposition.
Thus, petitioner may submit cross-interrogatories upon private respondent with
sufficient fullness and freedom.
SECTION 26
OFFICERS TO TAKE
RESPONSES AND
TAKE RECORDS
SECTION 26

OFFICERS TO TAKE RESPONSES AND TAKE

RECORDS
A copy of the notice and copies of all interrogatories served
shall be delivered by the party taking the deposition to the
officer designated in the notice, who shall proceed promptly,
in the manner provided by sections 17, 19, and 20 of this Rule,
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 the
interrogatories received by him.
Section 26. Officers to take responses
and prepare record.
Duties are:
1. Serve a copy of the notice and all interrogatories to
both parites;
2. Take the testimony of witness in response to
interrogatories; and
3. Prepare, certify, and file or mail the deposition + copy
of the notice + interrogatories received by him to the
Clerk of court.
SECTION 27
NOTICE OF
FILING AND
FURNISHING COPIES
SECTION 27

NOTICE OF FILING AND

FURNISHING COPIES

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.
Section 27. Notice of filing and
furnishing copies.

After being filed, deposition officer shall

give notice to all the parties of the filing
thereof and furnish them copies.
SECTION 28
ORDERS FOR THE
PROTECTION OF
PARTIES AND DEPONENTS
SECTION 28

ORDERS FOR THE PROTECTION OF

PARTIES AND DEPONENTS
After the service of the interrogatories and prior to the taking of
the testimony of the deponent, the court in which the action is
pending, on motion promptly made by a party or a deponent,
and for good cause shown, may make any order specified in
sections 15, 16, and 18 of this Rule which is appropriate and just
or an order that the deposition shall not be taken before the
officer designated in the notice or that it shall not be taken
except upon oral examination.
Section 28. Orders for the protection of
parties and deponents.
How to ask for protective orders:

1. File motion to court where action is pending;

2. Good cause must be shown; and
3. It must be done after service of interrogatories and prior
to taking of testimony of deponent.
Section 28. Orders for the protection of
parties and deponents.
Protective orders in depositions upon written interrogatories:

1. Order to enlare/shorten time within which to take the

testimony of deponent (section 15)
2. Order that testimony in answer to written interrogatories
shall not be taken (section 16)
3. Order to terminate/limit taking of testimony (section 18)
4. Order that deposition not to be taken before officer
designated (section 28)

5. Order that testimony not to be taken except upon oral

examination (section 28)
SECTION 29
EFFECT OF ERRORS
AND IRREGULARITIES
IN DEPOSITIONS
(a)As to notice. — 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.

(Section 15- Notice in writing, time, place, name and address of

the person to be examined)

(b) As to disqualification of officer. — 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.
Exceptions:
1. Objections are made before the taking of the deposition
begins
2. After taking the deposition as soon as the disqualification
became known/discovered with reasonable diligence

Disqualified officers under Section 13:

1. within 6th degree of consanguinity or affinity

2. Employee of any of the parties
3. counsel of any of the parties
4. relative within the same degree, employee of such counsel
5. Any person who is financially interested in the action
(c) As to competency or relevancy of evidence. — Objections to the competency of
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.
( Section 6- Objections to admissibility may be made at the trial or hearing to receiving in
evidence any deposition or part thereof)

(d) As to oral examination and other particulars. — Errors and irregularities occurring at
the oral examination in the manner of taking the deposition in the form of the questions
or answers, 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.

(e) As to form of written interrogatories. — Objections to the form of written

interrogatories submitted under sections 25 and 26 of this Rule 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.
Exception:
1. Served in writing upon the party propounding (proposing) them
2. Within the time allowed
3. Within 3 days after service of the last interrogatories authorized

(f) As to manner of preparation. — 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 under sections 17, 19, 20 and 26 of this Rule 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.

“Obviate" has a number of synonyms in English, including "prevent,"

"preclude," and "avert"; all of these words can mean to hinder or stop
something.
THANK YOU