1.

deposition pending action

- by filing an ex parte motion with the court.

- with leave of court if the person whose deposition is to be taken is in prison

2. deposition before action

- any person who wishes to perpetuate his own testimony or that of another may file a verified petition
with the court of the place of residence of the expected adverse party

-regarding any matter that may be cognizable in any court of the Philippines

3. deposition pending appeal

- after judgment is rendered and an appeal is taken or before an appeal is taken but the period to take it
has not yet expired. File a motion with the court that rendered the judgment for leave of court to
perpetuate the testimony of another

4. interrogatories to parties

- ex party motion to the court

- to elicit material and relevant facts from the adverse party

-written interrogatories shall be filed with the court and served upon the adverse party

- if only one set of interrogatories is to be served upon the party, only an ex party motion is required to
be filed. but if more than one set, there must be leave of court

-a party not served with interrogatories to parties may not be compelled by the other party to give
testimony in open court or to give deposition pending appeal

5. admissions by adverse party

- at anytime before issues are joined (pre trial)

- serve written request for admission

- matters that may be requested for admission

genuineness of any material and relevant documents

truth of any material and relevant facts

- matters are deemed admitted unless the party to whom it is served either denying specifically the
matters of which an admission is requested or setting forth in detail the reasons why he or she cannot
truthfully either admit or deny those matters.
Objections to any request for admission shall be submitted to the court by the party requested within
the period for and prior to the filing of his or her sworn statement as contemplated in the preceding
paragraph and his or her compliance therewith shall be deferred until such objections are resolved,
which resolution shall be made as early as practicable

a party who fails to file and serve a request for admission on the adverse party of material and relevant
facts at issue which are, or ought to be, within the personal knowledge of the latter, shall not be
permitted to present evidence on such facts.

6. Production or inspection of documents

- upon motion

- matters to be examined, copied or photographed must not be privileged and must be relevant to the
subject

- the subject of the request wether document or land must be under the possession or control of the
requested party

7. physical and mental examination of person

- only allowed in actions where the mental and physical condition of a party is in controversy

8. demurrer to evidence

- after the plaintiff has completed the presentation of hid evidence in chief

- file a motion to dismiss on the ground that based on the facts and law, the plaintiff has shown no
right to relief or in other words, insufficiency of evidence

-adjudication upon the merits if dismissed on this ground

-order denying demurrer to evidence is unappealable.

9. judgment

- court must have jurisdiction

- must be in writing
- must be signed by the judge

- personally and directly prepared by the judge

- must clearly state the facts and the law upon which it is based

- filed with the cleark of court

10. judgment on the pleadings

- answer fails to tender an answer or admits the material allegations of the adver party's pleadings

- not available in declaration of nullity, annulment of judgment, legal separation

- action on the MOTION is not appealable or subject to certiorari

execution

1. money judgment

a. by demanding from the judgment obligor immediate payment (in cash or check payable to the
judgment obligee)

payment shall be made to JE, if not available, to the executing sheriff who shall turn over the amount
to the clerk of court -COC shall remit the same to the JE

in case of check and JE not available, in no case may the sheriff demand that it be made payable to
him

b. if JO cannot pay all or part of the obligation - levy of property

JO may choose which property is to be levied

if JO not exercise, then the sheriff shall choose starting from personal property to real property

c. garnishment

property not capable of manual delivery in the possession or control of third parties.