● What are the two kinds of deposition under Rule 23?

:
○ Oral Deposition (The whole proceeding is oral)
○ Written Interrogatories
● Process for Oral Depositions:
○ [Transcriber’s note: The motion/notice rule is based on the 1997 Rules of
Civil Procedure. The amendments are discussed later, specifically, ex parte
motion.] Prepare the motion or a notice (note: in a motion there is a prayer, in a
notice there’s no prayer). You will identify the person whose deposition is to be
taken, the place where the deposition is to be taken, the officer who will take the
deposition, the time, and the place. You need a little background or a statement as
to why the deposition has to be taken.
■ There is another Section (2) that says any matter could be subject of the
deposition, as long as it is relevant and not privileged or excluded.
○ This will be served upon the other party, and the person whose deposition is to be
taken.
○ Once a party avails of this mode of discovery, the court has a duty to avail of a
subpoena. If it is the court before whom the deposition is to be taken, the court
can issue a subpoena pursuant to Rule 21, Section 5.
○ On the date of the taking of the deposition, the deponent should be present, and
here, in an oral deposition, the deponent will be asked direct examination
questions by the person who applied for the deposition.
■ This is just like on a regular presentation of witnesses, except not as
formal.
○ After which, the other party may conduct his cross-deposition on the deponent.
○ Then, a re-direct, then a re-cross. Then it is complete.
○ Note that all of this, the entire process, will have to be recorded. This is covered
by Section 17, 19, 20, 21. It’s not as simple as just appearing and asking
questions.
○ The deposition is under the control and direction of the deposition officer.
○ The deposition officer can, by himself, record the proceedings, or have someone
else record the proceedings. Ideally, you have a stenographer or someone else
who takes note of all the questions and answers so that it will be a faithful
reproduction of what truly happened during the taking of the deposition.
○ The deposition shall be presented by the deposition officer before the deponent,
who will examine it as transcribed by the deposition officer/stenographer. The
deponent, if everything appears to be in order, will have to affix his signature, an
indication that he has read everything and that it is accurate.
○ Assuming that the deponent signs, then there is no problem.
○ There is a certification at the bottom to be signed by the deposition officer, that he
attests to the voluntariness of the conduct of the deposition.
 ○ This will then be placed in a sealed envelope, on the dorsal portion of which, it
will say, ‘Deposition of Juan De La Cruz,” indicating the court where it will be
submitted. And it will be submitted. The envelope cannot be open, it should be
sealed, and the deposition must be folded and placed inside.

● Process for Written Interrogatories:

○ More or less the same with a little adjustment. Same with regard to motion or
notice to take deposition, and when to apply. [Note: The motion/notice rule
refers to the 1997 Rules.] The contents of the application are likewise all the
same.
○ Except that, the motion, or the notice, depending on what point it was applied for,
will likewise attach or form part of that motion the list of written interrogatories.
○ The first set would be the written interrogatories (direct examination). The person
applying should already prepare for all the questions he wants to ask the
deponent, then, the very moment he serves it upon the other party, and of course,
files it in court, the other party will now try to formulate, also in a written form,
his cross interrogatories.
■ To be clear, at this point in time, there is still no answer on the part of the
deponent. But, you will formulate your questions in a way that anticipates
his answer to the direct examination. So there will be instances where you
will have questions as follows— “if the answer is yes, this is my question.
If the answer is no, this is my question.”
○ Sec. 25 of Rule 23: Within a period of 10 days—the other party will have to
prepare his cross-written interrogatories, and he will serve that to the party
applying for the same.
○ Then he will have to prepare his re-direct written interrogatories within a period
of 5 days from service. He will also prepare it without an answer yet, and he will
serve it upon the other party.
○ Within 3 days after service, the other party will have to prepare his re-cross
interrogatories.
○ All these will be collated, and on the date designated in the motion or notice to
take deposition, that set of questions will be brought on that day and read by the
deposition officer, and recorded in the manner explained earlier (also involving a
deposition officer, it will also be transcribed will be transcribed, subject the same
process of acquiring a signature from the deponent and certification of the
deposition officer, and all will have to be filed and placed in a sealed envelope
and submitted to the court.)
○ There are instances that a deponent will refuse to sign. If a deponent refuses to
sign, that fact should be indicated, with the reason why they refuse to sign, or the
signing can be waived by both parties, if they consented and agreed.
Jurisprudence: Ayala Land v. Tagle
Note, the deposition was taken before a judge. The strict provisions outline were not followed.
In that particular case, although it was not signed, the court nevertheless accepted the
deposition. Remember, it has to be signed based on the provisions of the law. But the SC
considered the same because it was taken before or in the presence of a judge, a person of
authority. The court considered the deposition as valid despite the irregularities with regard to
signing.

● In case of Errors of Irregularities for Noncompliance (examples: says

“manifestation” instead of deposition, the envelope is opened, it is not signed…)
what can you file?: A motion to suppress the execution.
○ It is a very serious consequence. If you don’t follow the procedure as mandated
by the rules of court, expect a motion to suppress deposition.
● Will a substitution affect a deposition previously taken (ex. if the person dies?): No,
it will not be affected by any substitution.
● Does it mean if a deposition is taken, you make that deponent as your witness?: Not
necessarily. You can take as many as you want, and you can decide whether to use it or
not.
○ But at the very moment you use it, you open the entire deposition for
examination. Even if you use just a portion of the same, the whole deposition is
open to examination and scrutiny.