WEEK 11
identification of witnesses and the setting of
a. Read Rule 18.
b. When is a pre-trial conducted?
When conducted. — After the last responsive
pleading has been served and filed, the branch clerk
of court shall issue, within five (5) calendar days
from filing, a notice of pre-trial which shall be set
not later than sixty (60) calendar days from the
filing of the last responsive pleading. (Section 1,
Rule 18)
c. What is considered as “last
responsive pleading”?
- Last responsive pleading is the period for
filing the same has expired.
- Under the rules of pleading and practice, the
answer ordinarily is the last pleading, but
when defendant’s answers contains a
counterclaim, plaintiff’s answer to it is the
last responsive pleading.
- When the defendant’s answer has a cross
claim, the answer of the cross-defendant to
it is the last pleading.
- Where the plaintiff's answer to a
counterclaim against the opposing party or
a cross-claim against a co-defendant, the
answer of the co-defendant to the
cross-claim is the last responsive pleading.
- Where the plaintiff files a reply, that is,
when the defending party attaches an
actionable document to the answer, and
where the defendant files a rejoinder, that
is, when the reply attaches an actionable
document, under Section 10, Rule 6 of the
2019 Amendments, such reply or rejoinder
constitutes the last responsive pleading.
d. What is the purpose of pre-trial?
Nature and Purpose. — The pre-trial is mandatory
and should be terminated promptly. The court shall
consider:
(a) The possibility of an amicable settlement or
of a submission to alternative modes of
dispute resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining stipulations or
admissions of facts arid of documents to
avoid unnecessary proof;
(d) The limitation of the number and
trial dates;
(e) The advisability of a preliminary reference
of issues to a commissioner;
(f) The propriety of rendering judgment on the
pleadings, or summary judgment, or of
dismissing the action should a valid ground
therefor be found to exist;
(g) The requirement for the parties to:
1) Mark their respective evidence if not
vet marked in the judicial affidavits
of their witnesses;
2) Examine and make comparisons of
the adverse parties' evidence
vis-a-vis the copies to be marked;
3) Manifest for the record stipulations
regarding the faithfulness of the
reproductions and the genuineness
and due execution of the adverse
parties' evidence;
4) Reserve evidence not available at the
pre-trial, but only in the following
manner:
1. For testimonial evidence, by
giving the name or position
and the nature of the
testimony of the proposed
witness;
2. For documentary evidence
and other object evidence, by
giving a particular
description of the evidence.
No reservation shall be allowed if not made
in the manner described above. (h)
(h) Such other matters as may aid in the
prompt disposition of the action.
The failure without just cause of a party and
counsel to appear during pre-trial, despite notice,
shall result in a waiver of any objections to the
faithfulness of the reproductions marked, or their
genuineness and due execution.
The failure without just cause of a party and/or
counsel to bring the evidence required shall be
deemed a waiver of the presentation of such
evidence.
The branch clerk of court shall prepare the minutes
of the pre-trial, which shall have the following
format: (See prescribed form) (Section 2, Rule 18)
 - Pre-trial is a procedural device intended to
clarify and limit the basic issues between the
parties.
- It paves the way for a less cluttered trial and
resolution of the case.
- Its main objective is to simplify, abbreviate
and expedite trial or totally dispense with it.
- A pre-trial hearing is meant to:
● serve as a device to clarify and
narrow down the basic issues
between parties;
● ascertain the facts relative to those
issues;
● enable the parties to obtain the
fullest possible knowledge of the
issues and facts before civil trials;
● prevent that said trials are carried on
in the dark.
- Pre-trial is primarily intended to make
certain that all issues necessary to the
disposition of a case are properly raised.
e. What are the matters to be considered
during pre-trial?
The court shall consider:
(a) The possibility of an amicable settlement or
of a submission to alternative modes of
dispute resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining stipulations or
admissions of facts arid of documents to
avoid unnecessary proof;
(d) The limitation of the number and
identification of witnesses and the setting of
trial dates;
(e) The advisability of a preliminary reference
of issues to a commissioner;
(f) The propriety of rendering judgment on the
pleadings, or summary judgment, or of
dismissing the action should a valid ground
therefor be found to exist;
(g) The requirement for the parties to:
1) Mark their respective evidence if not
vet marked in the judicial affidavits
of their witnesses;
2) Examine and make comparisons of
the adverse parties' evidence
vis-a-vis the copies to be marked;
3) Manifest for the record stipulations
regarding the faithfulness of the
reproductions and the genuineness
and due execution of the adverse
parties' evidence;
4) Reserve evidence not available at the
pre-trial, but only in the following
manner:
1. For testimonial evidence, by
giving the name or position
and the nature of the
testimony of the proposed
witness;
2. For documentary evidence
and other object evidence, by
giving a particular
description of the evidence.
No reservation shall be allowed if not made
in the manner described above. (h)
(h) Such other matters as may aid in the
prompt disposition of the action. (Section 2,
Rule 18)
f. What is the effect of lack of pre-trial?
g. What is a notice of pre-trial? Who
must receive such notice?
Notice of Pre-trial. — The notice of pre-trial shall
include the dates respectively set for:
(a) Pre-Trial;
(b) Court-Annexed Mediation; and
(c) Judicial Dispute Resolution, if necessary.
The notice of pre-trial shall be served on counsel, or
on the party who has no counsel. The counsel
served with such notice is charged with the duty of
notifying the party represented by him or her.
Non-appearance at any of the foregoing settings
shall be deemed non-compliance at the Pre-Trial
and shall merit the same sanctions under Section 5
hereof. (Section 3, Rule 18)
h. Are the parties required to appear
during pre-trial? Are there any
exceptions?
Appearance of Parties. — It shall be the duty of the
parties and their counsel to appear at the pre-trial,
court-annexed mediation, and judicial dispute
resolution, if necessary. The non-appearance of a
party and counsel may be excused only for acts of
God, force majeure, or duly substantiated physical
inability.
A representative may appear on behalf of a party,
but shall be fully authorized in writing to enter into
an amicable settlement to submit to alternative
modes of dispute resolution, and to enter into
stipulations or admissions of facts and documents.
(Section 4, Rule 18)
i. What is the effect of failure to appear
at pre-trial?
Effect of failure to appear. — When duly notified,
the failure of the plaintiff and counsel to appear
without valid cause when so required, pursuant to
the next preceding Section, shall cause the
dismissal of the action. The dismissal shall be with
prejudice, unless otherwise ordered by the court. A
similar failure on the part of the defendant and
counsel shall be cause to allow he plaintiff to
present his or her evidence ex-parte within ten (10)
calendar days from termination of pre-trial, and the
court to render judgment on the basis of the
evidence offered. (Section 5, Rule 18)
- The failure of both a party and counsel
without just cause to appear during
pre-trial, despite notice, shall result in:
(1) A waiver of any objections to the
faithfulness of the reproductions
marked, or their genuineness and
due execution.
(2) Dismissal of the action with
prejudice unless otherwise ordered
by the court, in case of
non-appearance of plaintiff and
counsel.
(3) Setting the ex parte presentation of
plaintiff’s evidence, in case of
non-appearance of defendant and
counsel; thereafter, the court may
render judgment based on the
evidence presented.
- If the plaintiff and/or defendant fails to
appear but the counsel is present, pre-trial
may proceed if the counsel is authorized for
pre-trial purposes.
- The defendant who appears in the absence
of the plaintiff may be allowed to present
evidence on his counterclaim, if any. If the
defendant fails to appear, the plaintiff may
be allowed to present his evidence ex-parte
and the court shall render judgment based
on the evidence presented.
- The failure to attend the pre-trial conference
does not result in the default of an absent
party.
- In certain instances, the non-appearance of
a party may be excused if a valid cause is
shown, which is subject to the sound
discretion of a judge.
i.1. Discuss Philippine Steel Coating
Corp. v. Quinones, G.R. No. 194533,
19 April 2017.
j. What is a pre-trial brief?
Pre-trial brief. — The parties shall file with the
court and serve on the adverse party, in such
manner as shall ensure their receipt thereof at least
three (3) calendar days before the date of the
pre-trial, their respective pre-trial briefs which shall
contain, among others:
(a) A concise statement of the case and the
reliefs prayed for;
(b) A summary of admitted facts and proposed
stipulation of facts;
(c) The main factual and legal issues to be tried
or resolved;
(d) The propriety of referral of factual issues to
commissioners;
(e) The documents or other object evidence to
be marked, stating the purpose thereof;
(f) The names of the witnesses, and the
summary of their respective testimonies;
and
(g) Brief statement of points of law and citation
of authorities.
Failure to file the pre-trial brief shall have the same
effect as failure to appear at the pre-trial. (Section
6, Rule 18)
- A summary of the main purpose of the
pre-trial
k. What are its contents?
(a) A concise statement of the case and the
reliefs prayed for;
(b) A summary of admitted facts and proposed
stipulation of facts;
(c) The main factual and legal issues to be tried
or resolved;
(d) The propriety of referral of factual issues to
commissioners;
 (e) The documents or other object evidence to
be marked, stating the purpose thereof;
(f) The names of the witnesses, and the
summary of their respective testimonies;
and
(g) Brief statement of points of law and citation
of authorities. (Section 6, Rule 18)
l. Is a pre-trial brief mandatory?
- Yes, as the failure to file the pre-trial brief
has the same effect as failure to appear at
the pre-trial. The failure of both a party and
counsel without just cause to appear during
pre-trial, despite notice, shall result in:
(1) A waiver of any objections to the
faithfulness of the reproductions
marked, or their genuineness and
due execution.
(2) Dismissal of the action with
prejudice unless otherwise ordered
by the court, in case of
non-appearance of plaintiff and
counsel.
(3) Setting the ex parte presentation of
plaintiff’s evidence, in case of
non-appearance of defendant and
counsel; thereafter, the court may
render judgment based on the
evidence presented.
m. When must a pre-trial brief be filed?
The parties shall file with the court and serve on the
adverse party, in such manner as shall ensure their
receipt thereof at least three (3) calendar days
before the date of the pre-trial (Section 6, Rule 18)
n. What is a pre-trial order?
Pre-Trial Order. — Upon termination of pre-trial,
the court shall issue an order within ten (10)
calendar days which shall recite in detail the
matters taken up. The order shall include:
(a) An enumeration of the admitted facts;
(b) The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d) The applicable law, rules, and
jurisprudence;
(e) The evidence marked;
(f) The specific trial dates for continuous trial,
which shall be within the period provided by
the Rules;
(g) The case flowchart to be determined by the
court, which shall contain the different
stages of the proceedings up to the
promulgation of the decision and the use of
time frames for each stage in setting the
trial dates;
(h) A statement that the one-day examination
of witness rule and most important witness
rule under A.M. No. 03-1-09-SC (Guidelines
for Pre-Trial) shall be strictly followed; and
(i) A statement that the court shall render
judgment on the pleadings or summary
judgment, as the case may be.
The direct testimony of witnesses for the plaintiff
shall be in the form of judicial affidavits. After the
identification of such affidavits, cross-examination
shall proceed immediately.
Postponement of presentation of the parties'
witnesses at a scheduled date is prohibited, except
if it is based on acts of God, force majeure or duly
substantiated physical inability of the witness to
appear and testify. The party who caused the
postponement is warned that the presentation of its
evidence must still be terminated within the
remaining dates previously agreed upon.
Should the opposing party fail to appear without
valid cause stated in the next preceding paragraph,
the presentation of the scheduled witness will
proceed with the absent party being deemed to have
waived the right to interpose objection and conduct
cross-examination.
The contents of the pre-trial order shall control the
subsequent proceedings, unless modified before
trial to prevent manifest injustice. (Section 7, Rule
18)
- An order issued by the court after the
pre-trial conference
o. What must be included in the
pre-trial order?
The order shall include:
(a) An enumeration of the admitted facts;
(b) The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d) The applicable law, rules, and
jurisprudence;
(e) The evidence marked;
(f) The specific trial dates for continuous trial,
which shall be within the period provided by
the Rules;
 (g) The case flowchart to be determined by the
court, which shall contain the different
stages of the proceedings up to the
promulgation of the decision and the use of
time frames for each stage in setting the
trial dates;
(h) A statement that the one-day examination
of witness rule and most important witness
rule under A.M. No. 03-1-09-SC (Guidelines
for Pre-Trial) shall be strictly followed; and
(i) A statement that the court shall render
judgment on the pleadings or summary
judgment, as the case may be. (Section 7,
Rule 18)
p. What is court-annexed mediation?
Court-Annexed Mediation. — After pre-trial and,
after issues are joined, the court shall refer the
parties for mandatory court-annexed mediation.
The period for court-annexed mediation shall not
exceed thirty (30) calendar days without further
extension. Section 8, Rule 18)
- Court-annexed mediation is a part of
pre-trial where parties are encouraged to
personally attend the proceedings.
- Sanctions: including but not limited to
censure, reprimand, contempt, and such
other sanctions as are provided under the
Rules of Court for failure to appear for
pre-trial, in case any or both of the parties
absent himself/themselves, or for abusive
conduct during mediation proceedings.
- CAM is a voluntary process conducted
under the auspices of the court by referring
the parties to the Philippine Mediation
Center (PMC) Unit for the settlement of
their dispute, assisted by a Mediator
accredited by the Supreme Court.
q. What is judicial dispute resolution?
Judicial Dispute Resolution. — Only if the judge of
the court to which the case was originally raffled is
convinced that settlement is still possible, the case
may be referred to another court for judicial dispute
resolution. The judicial dispute resolution shall be
conducted within a non-extendible period of fifteen
(15) calendar days from notice of failure of the
court-annexed mediation.
If judicial dispute resolution fails, trial before the
original court shall proceed on the dates agreed
upon.
All proceedings during the court-annexed
mediation and the judicial dispute resolution shall
be confidential. (Section 9, Rule 18)
- JDR is a process whereby the judge (called
the JDR Judge) employs conciliation,
mediation or early neutral evaluation in
order to settle a case at the pre-trial stage.
In the event the JDR fails, then another
judge (called the trial judge) shall proceed to
hear and decide the case.
r. What is the effect of failure to attend
CAM and JDR proceedings?
- Failure to appear at either CAM or JDR is
deemed as non-appearance at the pre-trial
and shall merit the same sanctions as failure
to appear therein under Section 5 of Rule
18.
s. Read Rule 19.
t. Who may intervene?
Who may intervene. — A person who has a legal
interest in the matter in litigation, or in the success
of either of the parties, or an interest against both,
or is so situated as to be adversely affected by a
distribution or other disposition of property in the
custody of the court or of an officer thereof may,
with leave of court, be allowed to intervene in the
action. The court shall consider whether or not the
intervention will unduly delay or prejudice the
adjudication of the rights of the original parties,
and whether or not the intervenor's rights may be
fully protected in a separate proceeding. (Section 1,
Rule 19)
- Intervention is a proceeding in a suit or
action by which a third person is permitted
by the court to make himself a party, either
joining plaintiff in claiming what is sought
by the complaint or uniting with the
defendant in resisting the claims of the
plaintiff, or demanding something adversely
from both of them.
- It is the act or proceeding by which a third
person becomes a party in a suit pending
between others.
 - It is also the admission, by leave of court, of
a person not an original party to pending
legal proceedings, by which such person
becomes a party thereto for the protection
of some right or interest alleged by him to
be affected by such proceedings.
- It is not a right but a matter that is left to
the court’s discretion.
- Purpose: not to obstruct or unnecessarily
delay the placid operation of the machinery
of trial, but merely to afford one, not an
original party, yet having a certain right or
interest in the pending case, the opportunity
to appear and be joined so he could assert or
protect such right or interest (must be
actual, material, direct, and immediate, not
simply contingent and expectant).
u. What are the requisites for
intervention? Discuss each.
- Intervention shall be allowed when a person
has:
(1) A legal interest in the matter in
litigation; or
(2) A legal interest in the success of
either of the parties; or
(3) A legal interest against both parties;
or
(4) When he is so situated as to be
adversely affected by a distribution
or disposition of property in the
custody of the court or an officer
thereof.
- The court must also take into consideration
whether or not:
(5) The intervention will unduly delay or
prejudice the adjudication of the
rights of the original parties; and
(6) The intervenor’s right or interest can
be adequately pursued and protected
in a separate proceeding.
v. What is the time to intervene?
Time to intervene. — The motion to intervene may
be filed at any time before rendition of judgment by
the trial court. A copy of the
pleading-in-intervention shall be attached to the
motion and served on the original parties. (Section
2, Rule 19)
- No intervention is allowed after the
judgment has become final.
- Before a decision is rendered, the Court may
still allow the introduction of additional
evidence by applying the liberal
interpretation of the period for trial which
may be akin to reopening of trial.
- Exceptions: when demanded by the higher
interest of justice; to afford indispensable
parties, who have not been impleaded, the
right to be heard even after a decision has
been rendered by the trial court, when the
petition for review of the judgment has
already been submitted for decision before
the Supreme Court, and even where the
assailed order has already become final and
executory; where it is necessary to protect
some interest which cannot otherwise be
protected, and may be allowed for the
purpose of preserving the intervenors right
to appeal.
w. When must the
pleading-in-intervention be filed?
Pleadings-in-intervention. — The intervenor shall
file a complaint-in-intervention if he or she asserts
a claim against either or all of the original parties,
or an answer-in-intervention if he or she unites
with the defending party in resisting a claim against
the latter. (Section 3, Rule 19)
x. When must the answer to the
complaint-in-intervention be filed?
Answer to complaint-in-intervention. — The
answer to the complaint-in-intervention shall be
filed within fifteen (15) calendar days from notice of
the order admitting the same, unless a different
period is fixed by the court. (Section 4, Rule 19)
y. Read Rule 20.
z. How are cases assigned to the
different branches of a court?
Assignment of cases. — The assignment of cases to
the different branches of a court shall be done
exclusively by raffle. The assignment shall be done
in open session of which adequate notice shall be
given so as to afford interested parties the
opportunity to be present. (Section 2, Rule 20)
 - No case may be assigned to any branch of
court without being raffled.
- The procedure for the raffling of cases is of
vital importance to the administration of
justice because it is intended to ensure the
impartial adjudication of cases.
- By raffling the cases, public suspicion
regarding the assignment of cases to
predetermined judges is obviated.
- Purpose: to equalize the distribution of the
cases among the several branches, and
thereby foster the Court’s policy of
promoting speedy and efficient disposition
of cases; and to ensure the impartial
adjudication of cases and thereby obviate
any suspicion regarding assignment of cases
to predetermined judges.
aa. Read Rule 21.
bb.What is a subpoena?
Subpoena and subpoena duces tecum. — Subpoena
is a process directed to a person requiring him or
her to attend and to testify at the hearing or the
trial of an action, or at any investigation conducted
by competent authority, or for the taking of his or
her deposition. It may also require him or her to
bring with him or her any books, documents, or
other things under his or her control, in which case
it is called a subpoena duces tecum. (Section 1, Rule
21)
cc. What is subpoena ad testificandum?
- A process to cause a witness to appear and
give testimony, commanding him to lay
aside all pretences and excuses, and appear
before a court therein named, at a time
therein mentioned, to testify for the party
named, under a penalty therein mentioned.
- Used to compel a person to testify.
dd. What is a subpoena duces tecum?
Subpoena and subpoena duces tecum. — Subpoena
is a process directed to a person requiring him or
her to attend and to testify at the hearing or the
trial of an action, or at any investigation conducted
by competent authority, or for the taking of his or
her deposition. It may also require him or her to
bring with him or her any books, documents, or
other things under his or her control, in which case
it is called a subpoena duces tecum. (Section 1, Rule
21)
- A subpoena duces tecum is a type of
subpoena that requires the witness to
produce a document or documents
pertinent to a proceeding.
- A writ ordering a person to attend a court
and bring relevant documents.
- Used to compel the production of books,
records, things, or documents therein
specified.
ee. What shall be contained in a subpoena?
Form and contents. — A subpoena shall state the
name of the court and the title of the action or
investigation, shall be directed to the person whose
attendance is required, and in the case of a
subpoena duces tecum, it shall also contain a
reasonable description of the books, documents or
things demanded which must appear to the court
prima facie relevant. (Section 3, Rule 21)
ff. When may a subpoena be quashed?
Quashing a subpoena. — The court may quash a
subpoena duces tecum upon motion promptly
made and, in any event, at or before the time
specified therein if it is unreasonable and
oppressive, or the relevancy of the books,
documents or things does not appear, or if the
person in whose behalf the subpoena is issued fails
to advance the reasonable cost of the production
thereof.
The court may quash a subpoena ad testificandum
on the ground that the witness is not bound
thereby. In either case, the subpoena may be
quashed on the ground that the witness fees and
kilometrage allowed by these Rules were not
tendered when the subpoena was served. (Section
4, Rule 21)
ff.1. Discuss In Re: Petition For
Cancellation and Correction of
Entries in the Record of Birth, Emma
K. Lee, vs. Court of Appeals, et al.,
G.R. No. 177861, 13 July 2010.
gg. May the judge, who issued the
subpoena, issue a warrant of arrest to
compel the attendance of person
subpoenaed? Explain.
Compelling attendance. — In case of failure of a
witness to attend, the court or judge issuing the
subpoena, upon proof of the service thereof and of
the failure of the witness, may issue a warrant to
the sheriff of the province, or his or her deputy, to
arrest the witness and bring him or her before the
court or officer where his or her attendance is
required, and the cost of such warrant and seizure
of such witness shall be paid by the witness if the
court issuing it shall determine that his or her
failure to answer the subpoena was willful and
without just excuse. (Section 8, Rule 21)
kk.What happens when there is an
interruption of the period?
Effect of interruption. — Should an act be done
which effectively interrupts the running of the
period, the allowable period after such interruption
shall start to run on the day after notice of the
cessation of the cause thereof.
The day of the act that caused the interruption shall
be excluded in the computation of the period.
(Section 2, Rule 22)

hh. May a person, without adequate

cause, refuse to obey a subpoena? Is
such refusal considered a contempt of
court?
Contempt. — Failure by any person without
adequate cause to obey a subpoena served upon
him or her shall be deemed a contempt of the court
from which the subpoena is issued. If the subpoena
was not issued by a court, the disobedience thereto
shall be punished in accordance with the applicable
law or Rule. (Section 9, Rule 21)

ii. Read Rule 22.

jj. How are the periods allowed in the

rules counted?
How to compute time. — In computing any period
of time prescribed or allowed by these Rules, or by
order of the court, or by any applicable statute, the
day of the act or event from which the designated
period of time begins to run is to be excluded and
the date of performance included. If the last day of
the period, as thus computed, falls on a Saturday a
Sunday, or a legal holiday in the place where the
court sits, the time shall not run until the next
working day. (Section 1, Rule 22)

jj.1. Discuss Vir-jen Shipping and

Marine Services, Inc. v. NLRC, G.R.
No. L-58011-12 July 20, 1982.

jj.2. Discuss Yapdianco v.

Buencamino, G.R. No. L-28841, 24
June 1983.
WEEK 12
a. Read Rule 23 to Rule 29. (Rules 23 to
29 cover the modes of discovery).
b. What is the importance of rules of
discovery?
- The experience of other jurisdictions
convincingly demonstrates that resort to the
various modes of discovery effectively
shortens the period of litigation and speeds
up adjudication.
- The various modes or instruments of
discovery are meant to serve:
(1) As a device, along with the pre-trial
hearing under Rule 20 (now, Rule
18), to narrow and clarify the basic
issues between the parties, and
(2) As a device for ascertaining the facts
relative to those issues.
- Purpose: to repeat, to enable the parties,
consistent with recognized privileges, to
obtain the fullest possible knowledge of the
issues and facts before civil trials and thus
prevent that said trials are carried on in the
dark.
- Objective: to give every party the fullest
possible information of all the relevant facts
before the trial as to obtain evidence for use
upon said trial.
c. What are the modes of discovery?
(1) Depositions pending action (Rule 23)
(2) Depositions before action or pending appeal
(Rule 24)
(3) Interrogatories to parties (Rule 25)
(4) Admission by adverse party (Rule 26)
(5) Production or inspection of documents or
things (Rule 27)
(6) Physical and mental examination of persons
(Rule 28)
d. What is discovery?
- In general, discovery is defined as the
disclosure of facts resting in the knowledge
of the defendant, or as the production of
deeds, writings, or things in his possession
or power, in order to maintain the right or
title of the party asking it, in a suit or
proceeding.
e. What is deposition?
- Technical and appropriate sense: is the
written testimony of a witness given in the
course of a judicial proceeding, in advance
of the trial or hearing upon oral
examination.
- It may be taken at any time after the
institution of any action, whenever
necessary or convenient.
- It 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
court, or under a general law or court rule
on the subject, and reduce to writing and
duly authenticated, and intended to be used
in preparation and upon the trial of a civil or
a criminal prosecution.
- It is a pretrial discovery device by which one
party (through his or her attorney) ask oral
questions of the other party or of a witness
for the other party.
- It is chiefly a mode of discovery whose
primary function is to supplement the
pleadings for the purpose of disclosing the
real points of dispute between the parties
and affording an adequate factual basis
during the preparation for trial.
- Since depositions are principally made
available to the parties as a means of
informing themselves of all the relevant
facts, depositions are not meant as
substitute for the actual testimony in open
court of a party or witness.
- Generally, the deponent must be presented
for oral examination in open court at the
trial or hearing. This is a requirement of the
rules on evidence under Section 1, Rule 132
of the Rules of Court.
f. What are the 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.
(5) Expedite litigation.
(6) Safeguard against surprise.
(7) Prevent delay.
(8) Simplify and narrow the issues.
(9) Expedite and facilitate both preparation and
trial.