Rule 21  Subpoena 2.
Witness fees and kilometrage
1. 1.    Subpoena issued by:
1. The court before whom witness is
required to attend;
2. The court of the place where the
deposition is to be taken;
3. The officer or body authorized by
law to do so in connection with its
investigations;
4. Any Justice of the SC or CA in
any case or investigation pending
within the Phils
2.  No prisoner sentenced to
death, reclusion perpetua, or life
imprisonment and who is confined in
any penal institution shall be brought
outside said institution for appearance or
attendance in any court unless
authorized by the SC.
1. 3.    Grounds for quashing
subpoena duces tecum
2. 4.    Ground for quashing
subpoena ad testificandum
1. It is unreasonable or oppressive
2. The articles sought to be
produced do not appear to be
relevant
3. Person asking for subpoena does
not advance cost of production
1. The witness is not bound thereby
– if witness resides more than 100
km from the place where he is to
travel by the ordinary course of
travel, or if he is a detention
prisoner and no permission is
obtained from the court in which
his case is pending
à  This is known as the “viatory right” of
the witness; NOTE, however, that the
right is available only in CIVIL cases
allowed by rules not tendered
when subpoena served.
1. 5.    Service of subpoena made in
the same manner as personal or
substituted service of summons.
2. 6.    Person present in court
before a judicial officer may be
required to testify as if he were in
attendance upon a subpoena.
3. 7.    Failure by any person without
adequate cause to obey a
subpoena served upon him shall
be deemed a contempt of the court
from which subpoena issued.
Rule 22  Computation of Time
1. 1.    Computing for any period of
time:  day of the act or event from
which designated period of time
begins to run is to be excluded and
the date of performance included.
2. 2.    If last day of period falls on
Saturday, Sunday or legal holiday
in place where court sits, the time
shall not run until the next working
day.
3. 3.    If there is effective
interruption of period, it shall start
to run on the day after notice of the
cessation of the cause of the
interruption.  The day of the act
that caused the interruption is
excluded in the computation of the
period.
Rule 23  Depositions Pending Action
DEPOSITIONS DE BENE ESSE
– taken for purposes of pending action
1. 1.    Depositions pending action
1. 2.    Scope of examination
– deponent may be
examined regarding any
 matter not privileged relevant Any party,
or anyone
to the subject of the action who at the
2. 3.    Examination and time of
taking the
cross-examination proceeds deposition
as in trials was an
officer,
3. 4.    Depositions and director, or
managing
Affidavits distinguished agent of a
1. Taken by leave of court after public or An
private adverse
court obtains jurisdiction over any corporation party For any purpose
defendant or property subject of
Of any Any For any purpose, IF
the action witness, party court finds that:
2. Taken without leave after an whether a
1. Witness is
party or not
answer has been served dead;
3. Upon the instance of any party 2.     b.   
4. May be deposition upon oral Witness
examination or written resides at a
interrogatories distance more
than 100 km
Depositions Affidavits
from place of

Written testimony of trial, UNLESS

witness in course of absence
judicial proceedings, procured by
in advance of trial Mere sworn
party offering
and hearing written statements
the deposition
Opportunity for No cross- 3.     c.   
cross-examination examination
Witness is

Can be competent Little probative unable to

testimonial evidence value (hearsay) testify

1. 5.    Use of depositions because of

age, sickness,

à  Any part or all of a deposition which is infirmity, or

admissible in evidence may be used imprisonment;

4.     d.    Party
against any party who was present or
offering the
represented during the taking of the
deposition has
deposition or who had notice thereof as
been unable to
follows:
procure the
attendance of
May be
Deposition u the witness by
Purpose
of sed by
subpoena; OR
To contradict or 5.     e.    Other
impeach the
Any deponent’s testimony exceptional
A witness party as a witness circumstances
 make it
desirable to
allow
deposition to
be used.
à Deponent is made the witness of the
party offering the deposition.
à  If only part of the deposition is
introduced, adverse party may require
that all of it which is relevant to the part
introduced be introduced.
6.   Persons before whom depositions
may be taken
a.   Within the Philippines
1. Judge
2. Notary public
3. Any person authorized to
administer oaths if the parties so
stipulate in writing
b.   In foreign countries
1. On notice, before a secretary of
any embassy or legation, consul-
general, consul, vice-consul,
consular agent of the Phils
1. Before such person or
officer as may be appointed
by commission or under
letters-rogatories
2. Any person authorized to
administer oaths if the
parties so stipulate.
Commission – addressed to any
authority in a foreign country authorized
therein to take down depositions; the
taking of such depositions is subject to
the rules laid down by the court issuing
the commission
Letters Rogatory – addressed to judicial
authority in the foreign country; the
taking of the depositions is subject to the
rules laid down by such foreign judicial
authority.
7.  Persons disqualified to take
depositions
1. Relative within 6th degree of
consanguinity or affinity of any
party
2. Employee of any party
3. Counsel of any party
4. Relative within the same degree
of party’s counsel
5. Employee of party’s counsel
6. Anyone financially interested in
the action
8.   Depositions upon written
interrogatories
à  Party desiring to take such deposition
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 and descriptive title
of the officer before whom the
deposition is to be taken;
à  Party so served may serve cross-
interrogatories upon the proponent
within 10 days thereafter
à  Re-direct interrogatories served within
5 days
à  Re-cross interrogatories served within
3 days
9.   Effects of errors and irregularities in
the depositions
1. As to notice – waived unless
written objection is promptly
served upon the party giving the
notice
2. As to disqualification of officer –
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
3. As to competency or relevancy of
evidence – NOT waived by failure
to make them before or during the
taking of the deposition, unless
ground is one which might have
been obviated or removed if
presented at that time
4. As to oral exam and other
particulars – Errors occurring at
the oral exam in the manner of
taking the deposition, in the form
of questions and answers, in oath
or affirmation, or in conduct of
parties, and errors of any kind
which might be obviated, removed,
cured if promptly prosecuted are
waived unless reasonable
objection is made at the taking of
the deposition.
5. As to form of written
interrogatories – waived unless
served in writing upon party
propounding them within the time
allowed for serving succeeding
cross or other interrogatories and
within 3 days after the service of
the last interrogatories authorized.
6. As to manner of preparation –
errors as to 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 of it is
made with reasonable promptness
after such defect is, or with due
diligence might have been,
ascertained.
à A deposition, in keeping with its nature
as a mode of discovery, should be taken
before and not during trial.  IN fact, the
rules on criminal practice – particularly
on the defense of alibi – states that
when a person intends to rely on such a
defense, that person must move for the
taking of the deposition of his witness
within the time provided for filing a pre-
trial motion.
Rule 24  Depositions Pending Action
DEPOSITIONS IN PERPETUAM REI
MEMORIAM – taken to perpetuate
evidence for purposes of an anticipated
action or further proceedings in a case
or appeal.
1. 1.    Depositions before action
A person desiring to perpetuate his own
testimony or that of another person
regarding any matter that may be
cognizable in any court of the Phils may
file a verified petition in the court of the
place of the residence of any expected
adverse party, which petition shall be
entitled in the name of the petitioner and
shall show:
1. That petitioner expects to be a
party to an action in a court of the
 Phils 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 description of the
persons he expects will be the
adverse parties and their
addresses so far as known;
5. The name and addresses of the
persons to be examined and the
substance of the testimony which
he expects to elicit from each.
1. 2.    Use of deposition
If deposition to perpetuate testimony is
taken under this rule or if not so taken is
still admissible in evidence may be used
in any action involving the same subject
matter subsequent brought in
accordance with the provisions of Rule
23.
Rule 25  Interrogatories to Parties
1. Interrogatories and the answers
thereto should be filed in court and
served on adverse parties, so that
the answers may constitute judicial
admissions.
2. Effect of failure to serve written
interrogatories – a party not served
with such may NOT be compelled
by the adverse party to give
testimony in open court or
deposition pending appeal.
Rule 26  Admission by Adverse Party
1. 1.    Request for admission
A written request for the admission of
the other party of the genuineness of
any material or document or request for
the truth of any material and relevant
matter of fact set forth in the request
may be filed and served upon the other
party at any time after issues have been
joined.
1. 2.    Implied admission
Each of the matter requested to be
admitted shall be deemed admitted
within a period designated in the
request, which shall not be less than 15
days after service thereof or within such
further time as the court may allow on
motion, UNLESS, party requested
serves upon the party requesting a
sworn statement either specifically
denying or setting forth in detail the
reasons why he cannot truthfully either
admit or deny those matters.
1. 3.    Effect of admission
Admission is only for the purpose of the
pending action and shall NOT constitute
an admission for any other person nor
may it be used against him in any other
proceeding.
1. 4.    A party who fails to file and
serve a request for admission on
the adverse party of material facts
within the personal knowledge of
the latter shall not be permitted to
present evidence thereon,
Rule 27  Production or Inspection of
Documents or Things
1. Any party may move for the court
in which the action is pending to
order any party to:
 1. Produce and permit the 2. The party examined waives any
inspection and copying or privilege he may have in that
photographing of any action regarding the testimony of
designated documents, the person who has examined or
papers, books, accounts, may examine him with respect to
letters, photographs, objects that same mental or physical
or tangible things, not examination by:
privileged, which: 1. Requesting and obtaining
1. Constitute or a report of the examination
contain evidence so ordered OR
material to any matter 2. Taking the deposition of
involved in the action the examiner.
AND Rule 29  Refusal to Comply with the
2. Are in his Modes of Discovery
possession, custody or
control. 1.  If a party/deponent refused to
3. Permit entry upon answer:
designated land or
other property in his 1. The examination may be
possession or control completed on other matters
for the purpose of 2. The examination may be
inspecting, measuring, adjourned
surveying, or 3. The proponent may apply to the
photographing the court for order to compel answer
property or any
designated relevant à  The court may then order:
object or operation
thereon. 1. The refusing party or his counsel
2. The order: to pay the expenses incurred in
1. Shall specify the time, obtaining the order, including the
place and manner of making attorney’s fees (if it finds the
the inspection and taking refusal to answer without
copies AND substantial justification)
2. May prescribe such terms 2. The proponent or his counsel to
and conditions which are pay the expenses incurred in
just. opposing the application, including
attorney’s fees (if it finds the
Rule 28  Physical and Mental
application to be without
Examination of Persons
substantial justification)
1. If the mental or physical condition
of a party is in controversy, the 2.  If a party/witness refuses to be sworn
court may order him to submit to a
or to answer after being directed to do
physical or mental examination by
so by the court, the refusal may be
a physician.
considered contempt of that court.
 1. If a party/officer or managing
agent of a party refuses to obey an
order requiring him:
a.  To answer designated questions
b.  To produce a thing for inspection or
to permit entry upon property
1. To submit to a physical or mental
examination
à   the court may order:
1. That the matters regarding which
the questions were asked, or the
character of the land or the thing,
or the physical and mental
condition of the party be taken to
be established.
2. The disallowance of the
disobedient party’s claims
3. The prohibition of the disobedient
party to present evidence
4. The striking out of the pleadings
or parts thereof
5. The dismissal of the action or
parts thereof
6. Rendering judgment by default
against the disobedient party OR
7. The arrest of any party or
agent EXCEPT in disobeying an
order to submit to a physical or
mental examination.
4.   If a party refuses to attend or serve
answers, the court may:
1. Strike out all or any part of any
pleading of that party.
2. Dismiss the action or any part
thereof.
3. Enter a judgment by default
against that party, OR/AND
4. Order that party to pay
reasonable expenses incurred,
including attorney’s fees.
5.  The Republic of the Philippines
cannot be required to pay expenses and
attorney’s fees under this Rule.
Rule 30  Trial
1. 1.    Order of trial
Trial shall be limited to the issues stated
in the pre-trial order and shall proceed
as follows:
1. The plaintiff shall adduce
evidence in support of his
complaint;
2. The defendant shall adduce
evidence in support of his defense,
counterclaim, cross-claim, and
third-party complaint;
3. The 3rd-party defendant, if any,
shall adduce evidence of his
defense, counterclaim, cross-
claim, and 4th party complaint;
4. The 4th party and so forth, if any,
shall adduce evidence of the
material facts pleaded by them;
5. The parties against whom any
counterclaim or cross-claim has
been pleaded, shall adduce
evidence in support of their
defense, in the order to be
prescribed by the court;
6. The parties may then respectively
adduce rebutting evidence only,
unless the court, for good reasons
and in the furtherance of justice,
permits them to adduce evidence
upon their original case; and
7. Upon admission of the evidence,
the case shall be deemed
submitted for decision, unless the
 court directs the parties to argue or
to submit their respective
memoranda or any further
pleadings.
1. 2.    Judge should personally
receive evidence EXCEPT that in
default or ex parte hearings and in
any case where the parties so
agree in writing, the court may
delegate the reception of evidence
to its clerk of court who is a
member of the bar.  The clerk shall
have no power to rule on
objections to any question or to the
admission of exhibits, which
objections shall be resolved by the
court upon submission of his
report and the transcripts within 10
days from the termination of the
hearing.