MODES OF DISCOVERY

1. Depositions (Rule 23 and 24)

2. Interrogatories to parties (Rule 25)
3. Request for Admission (Rule 26)
4.P r o d u ct i o n o r i n s p e ct i o n of
documents or things (Rule 27)
5. Physical and mental examinations
of persons (Rule 28)
Importance of MODES OF DISCOVERY

To enable the parties to obtain the

fullest possible knowledge of facts and
issues before civil trials and prevent the
trials from being carried on in the dark,
thereby shortening the period of litigation
and speeding up the adjudication.
 RULE 23
DEPOSITIONS PENDING
ACTION
Deposition

A written testimony of a witness

given in the course of a judicial
proceeding, in advance of trial/
hearing, upon oral examination or in
response to written interrogatories,
and where an opportunity is given
for cross-examination.
Kinds of Deposition

1. De bene esse
2. In perpetua rei memoriam
M at t e r s t h at ca n be t ak e n by
Deposition

RULE:
Those relevant to the action.
EXCEPTION:
Those considered as privileged.
When to take Deposition

1. Upon ex-parte motion of a

party
Who can take Deposition?

Any party to an action may

take deposition of another.
Manner of taking Deposition

1. Oral examination; or
2. Written interrogatories
Where to use a Deposition?

1. At the trial;
2. At the hearing of a motion;
3. A t t h e h e a r i n g o f a n
interlocutory proceeding
Against whom to use a Deposition?

Against a party who was:

1. Present at the time of the
taking;
2. Represented at the time of
the taking;
3. Notified of its taking
Depositio n as subs titute for an
actual testimony in court
RULE:
No.
EXCEPTIONS:
1. Witness is dead
2. Witness resides more than 100kms from court;
3. Witness is outside of the Philippines;
4.Witness is unable to testify due to age, sickness,
infirmity, or imprisonment;
5. Party offering the deposition is unable to procure the
attendance of witness by subpoena;
6. Upon application and notice in the interest of justice.
Effect of intro duction of
depositions in court

RULE:
It binds the party who introduces it.
EXCEPTIONS:
1. When it is introduced to impeach
the witness;
2. I t i s t h e d e p o s i t i o n of the
opposing party.
Persons before whom deposition can
be validly taken in the Philippines

1. Judge;
2. Notary public;
3. Authorize to administer oath,
if stipulated in writing by the
aprties.
Persons before whom deposition can
be validly taken abroad

1. Secretary of the Embassy or Diplomatic Mission;

2. Consul-General;
3. Consul;
4.Vice-Consul;
5. Consular agents of the Philippines;
6. Those with a commission or letter rogatory;
7. Those authorized to administer oaths, if
stipulated in writing by the parties.
 COMMISSION LETTERS ROGATORY

Addressed to any authority in A d d r e s s e d to a j u d i c i al

a foreign country. authority in a foreign country.

The taking of the deposition The taking of deposition is

is subject to the rules laid subject to the rules of such
down by the court issuing the foreign judicial authority.
commission.
Letters Rogatory

An instrument whereby a foreign

court is informed of the pendency
of a case and t he nam e s of
witnesses, and is requested to
cau se t heir depositio ns to be
taken, with an offer to do the like
for the foreign court in a similar
case.
 The Officer before whom the
deposition is taken does not
have the power to rule upon
objections to the questions, but
should only take note of such
objections.
Disqualified to take depositions

1. Relative within 6th civil degree of any

of the parties;
2. employee/counsel of any of the parties;
3. Relative within same degree of the
counsel of any of the parties;
4.Emplo yee s of t he co u nsel of t he
parties;
5. Financially interested in the action.
 RULE 24
DEPOSITIONS BEFORE
ACTION OR PENDING
APPEAL
 DEPOSITION BEFORE ACTION DEPOSITION PENDING APPEAL

Available only in CIVIL CASES. Available in ALL CASES.

Application of Rule 24

The deposition is taken prior to the

institution of an action in order to preserve
his own testimony or that of another person
regarding a matter that may be cognizable
in any court of the Philippines.
This is done upon prior petition in court
of place of residence of any expected
adverse party.
 RULE 25
INTERROGATORIES TO
PARTIES
Features of Rule 25

1. In writing;
2. Mandatory;
3. Should be availed of after jurisdiction was
obtained over:
a. Any defendant; or
b. The property subject of the action.
4.Applicable to pending actions only;
5. Upon Ex-parte motion
Failure to serve Answer to Written
Interrogatories

Judgment by Default may be

rendered against the defaulting
party.
If the defaulting party is the
Plaintiff, it may be considered as
a FAILURE TO PROSECUTE, hence,
the dismissal of the complaint.
Requisites for a Proper Answer to
Written Interrogatories

1. In writing;
2. Signed; and
3. Sworn to.
Unjustified refusal to serve Written
Interrogatories

The refusing party is prevented

from compelling the adverse party
to te s tify in co u rt or to g ive
deposition pending appeal, because
he sho uld not be per mitte d to
unduly burden the adverse party
w i t h c o u r t a p p e ar a n c e s a f t e r
foregoing his opportunity to inquire.
 RULE 26
ADMISSION BY ADVERSE
PARTY
Application of Rule 26

A mandatory written request for admission addressed

to the other party (not to counsel), seeking clarification
in order to determine the truth of the allegations in a
pleading, attaching thereto the document the contents of
which are sought to be admitted.
The adverse party is not compelled to admit matters
which are already admitted on his pleadings.
Nevertheless, ANY admission obtained under Rule 26 is
intended only for the pending action and is not
considered an admission for any other purpose.
Application of Rule 26

But the adverse party should response to such

written request within 15 DAYS from service, either
denying the matters sought to be admitted or
explaining he cannot admits those matters. FAILURE
TO RESPOND is equivalent to an IMPLIED ADMISSION.
Such implied admission stays even if the original
complaint which was the basis of the written request
for admission is amended, and there is a need to
file a motion to be relieved therefrom on justifiable
grounds.
 RULE 27
PRODUCTION OR
INSPECTION OF
DOCUMENTS OR THINGS
 PRODUCTION/INSPECTION OF
SUBPOENA DUCES TECUM
DOCUMENTS/THINGS

A means of compelling the

A mode of discovery production of evidence

May be directed to any person

Limited to the parties to the whether a party or not to the
case case

Issue d upon m ot i o n w i t h May be issued ex-parte

notice to the adverse party
 RULE 27 does not authorize to
deprive the person who
produced the property/things of
their possession, even
temporarily.
 RULE 28
PHYSICAL AND MENTAL
EXAMINATION OF
PERSONS
Requirements for Rule 28 as a mode
of discovery

1. There must be a motion fled in

court where the action is pending;
2. The mental or physical condition
of a party is in controversy; and
3. Notice must be given to the party
to be examined.
 RULE 28 RULE 27

Applies to living persons only.

Applies to cadaver.
Consequences when the party examined requests and obtains
report on the results of the physical/mental examinations

1. He must furnish the other party a report of

any previous or subsequent examination of
the same physical/mental condition, failure
to do so then the same may be excluded if
offered later on as evidence in the trial.
2. He waives any patient-physician privilege
regarding the testimony of the physician who
examined or may thereafter examine him
involving the same controversy.
 RULE 29
REFUSAL TO COMPLY
WITH MODES OF
DISCOVERY
Consequences of Refusal to Comply
with the modes of discovery

1. When there is court order requiring an Answer upon

the application of the proponent for mode of
discovery:
a. Default order;
b. Contempt;
c. Payment of costs, except against the government.
2. Arrest, except in case of refusal to follow an order
to submit to physical or mental examination.