RULE 134
Section 4. Order of examination. — If the court is
satisfied that the perpetuation of the testimony
may prevent a failure or delay of justice, it shall
make an order designating or describing the
persons whose deposition may be taken and
specifying the subject matter of the examination,
and whether the depositions shall be taken upon
oral examination or written interrogatories. The
depositions may then be taken in accordance
with Rule 24 before the hearing.
Section 5. Reference to court. — For the purpose
of applying Rule 24 to depositions for
perpetuating testimony, each reference therein
to the court in which the action is pending shall
be deemed to refer to the court in which the
petition for such deposition was filed.
Q:What happens if the court is satisfied that
perpetuation of testimony may prevent a failure
or delay of justice?
A: Section 4 of Rule 134 states that the court shall
make an order designating or describing the
persons whose deposition may be taken and
specifying the subject matter of the examination,
and whether the depositions shall be taken upon
oral examination or written interrogatories. But
only after the court is satisfied that the
perpetuation of testimony may prevent a failure
or delay of justice.
Example:
M is the sole witness of a crime committed by A
against C. M is 70 years old. C wants to
perpetuate the testimony of M who is old already
to prevent failure or delay of justice since court
proceedings takes time M who is old may not be
able to testify in court. So C is seeking for the
perpetuation of his testimony.
I’m old. I might
die before I can
give my testimony
in court.
Q:What does reference to court means when
applying rule 24 to depositions?
A: Section 5 of Rule 134 states that the reference
therein to the court in shall be deemed to refer
to the court which the petition was filed.
Meaning it automatically refers to the latter court
and not the court where the action was pending.
 Example:

Section 6. Use of deposition. — If a deposition to Q: Can a deposition be used whether or not

perpetuate testimony is taken under this rule, or taken under this rule?
if, although not so taken, it would be admissible
in evidence, it may be used in any action A: Section 6 of rule 134 states that deposition to
involving the same subject matter subsequently perpetuate testimony whether or not taken
brought in accordance with the provisions of under this rule, for as long as it would be
Sections 4 and 5 of Rule 24. admissible in evidence, may be used in any action
involving the same subject matter.
Section 7. Depositions pending appeal. — If an Q: Can there be a deposition pending appeal?
appeal has been taken from a judgment of the
Regional Trial Court or before the taking of an A: Yes. Section 7 of rule 134 provides that the
appeal if the time therefor has not expired, the Regional Trial Court in which the judgment was
Regional Trial Court in which the judgment was rendered may allow the taking of depositions of
rendered may allow the taking of depositions of witnesses to perpetuate their testimony for
witnesses to perpetuate their testimony for use use.The party who desires to perpetuate the
in the event of further proceedings in the said testimony may make a motion and if the court
court. In such case the party who desires to finds reasons that such perpetuation may avoid a
perpetuate the testimony may make a motion in failure or delay of justice,it may allow such thing.
the said Regional Trial Court for leave to take the
depositions, upon the same notice and service
thereof as if the action was pending therein. The
motion shall show (a) the name and the
addresses of the persons to be examined and the
substance of the testimony which he expects to
elicit from each; and (b) the reason for
perpetuating their testimony. If the court finds
that the perpetuation of the testimony is proper
to avoid a failure or delay of justice, it may make
an order allowing the depositions to be taken,
and thereupon the depositions may be taken and
used in the same manner and under the same
conditions as are prescribed in these rules for
depositions taken in actions pending in the
Regional Trial Court. (7a)