1

PRE-TRIAL AND MODES OF DISCOVERY interrogatories. The attendance of witnesses may be

compelled by the use of a subpoena as provided in Rule 21.
Modes of Discovery Depositions shall be taken only in accordance with these
Rules. The deposition of a person confined in prison
Discovery—a device employed by a party to obtain may be taken only by leave of court on such terms as the
information about relevant matters on the case from the court prescribes.
adverse party in preparation for trial; may be used by ALL
parties to the case. Within the Philippines, a deposition need not be taken
before a judge, although it may be taken by one; may also
Purpose of modes of discovery or discovery procedures is be taken before—
to permit mutual knowledge before trial of all relevant 1. A notary public
facts gathered. 2. Any person authorized to administer oaths if the
parties so stipulate in writing
To obviate the element of surprise, parties are expected to
disclose at a pre-trial conference all issues of law and fact Outside the Philippines, a deposition may be taken
that they intend to raise at the trial, except such as may before—
involve privileged or impeaching matters. a) A secretary of an embassy or legation, consul
general, consul, vice-consul, or consular agent of
Modes of discovery are considered by the SC as vital the RP;
components of case management in pre-trial courts, hence, b) Such person or officer as may be appointed by
aside from preparing summons within one day (1) from commission or letters rogatory; or
the receipt of the complainant, the court is required to c) A person authorized to administer oaths by
issue an order requiring the parties to avail of written stipulation of the parties.
interrogatories to parties under RULE 25
(Interrogatories to parties) and request for admission by No deposition shall be taken before a person who is—
adverse party under RULE 26 (Admission by adverse a. A relative within the sixth degree of consanguinity
party) or at their discretion, make use of depositions or affinity, or employee or counsel of any of the
under RULE 23 (Depositions Pending Action) or other parties;
measures under RULES 27 (Production or inspection of b. A relative within the same degree or employee of
documents or things) and 28 (Physical and mental such counsel; or
examination of persons) within 5 days from the filing of c. One who is financially interested in the action.
the answer. A copy of this order shall be served upon the
defendant together with the summons. A copy of the order Rules on Examination of the Deponent:
shall also be served upon the plaintiff. (Administrative 1. RULE 23, Section 15. Deposition upon oral
Matter) examination; notice; time and place.— A party
desiring to take the deposition of any person upon
DEPOSITIONS oral examination shall give reasonable notice in
writing to every other party to the action. The
Deposition—taking of the testimony of any person, notice shall state the time and place for taking the
whether he be a party or not, but at the instance of a party deposition and the name and address of each
to the action. This testimony is taken out of court. person to be examined, if known, and if the name
Two methods of taking depositions— is not known, a general description sufficient to
a. Oral examination identify him or the particular class or group to
b. Written interrogatory which he belongs. On motion of any party upon
(Sec. 1, RULE 23, ROC) whom the notice is served, the court may for cause
shown enlarge or shorten the time.
A deposition may be sought for use in a pending action
(RULE 23), a future action (RULE 24), or for use in a RULE 23, Section 16. Orders for the protection of
pending appeal (RULE 24). parties and deponents.— After notice is served for
taking a deposition by oral examination, upon
RULE 23, Section 1. Depositions pending action, when may motion seasonably made by any party or by the
be taken.— By leave of court after jurisdiction has been person to be examined and for good cause shown,
obtained over any defendant or over property which is the court in which the action is pending may make
the subject of the action, or without such leave after an an order that the deposition shall not be taken, or
answer has been served, the testimony of any person, that it may be taken only at some designated place
whether a party or not, may be taken, at the instance of other than that stated in the notice, or that it may
any party, by deposition upon oral examination or written be taken only on written interrogatories, or that

Eloise Coleen S. Perez Civil ProcedureFinals Reviewer; Pre-Trial and Modes of Discovery
 2

certain matters shall not be inquired into, or that b. For any purpose by the adverse party where the
the scope of the examination shall be held with no deponent is a party or, at the time of taking the
one present except the parties to the action and deposition, was an officer, director, or managing
their officers or counsel, or that after being sealed agent of a public or private corporation,
the deposition shall be opened only by order of partnership, or association which is a party; or
the court, or that secret processes, developments, c. for any purpose if the court finds: (1) that the
or research need not be disclosed, or that the witness is dead, or (2) that the witness resides at a
parties shall simultaneously file specified distance more than one hundred (100) kilometers
documents or information enclosed in sealed from the place of trial or hearing, or is out of the
envelopes to be opened as directed by the court; Philippines, unless it appears that his absence was
or the court may make any other order which procured by the party offering the deposition, or
justice requires to protect the party or witness (3) that the witness is unable to attend or testify
from annoyance, embarrassment, or oppression. because of age, sickness, infirmity, or
imprisonment, or (4) that the party offering the
2. The attendance of witnesses may be compelled by deposition has been unable to procure the
the use of a subpoena. (Sec. 1, RULE 23, ROC) attendance of the witness by subpoena; or (5)
upon application and notice, that such exceptional
3. The deponent may be examined or cross- circumstances exist as to make it desirable, in the
examined following the procedures for witnesses interest of justice and with due regard to the
in a trial. He may be asked questions on direct, importance of presenting the testimony of
cross-redirect, or re-cross. He has the same rights witnesses orally in open court, to allow the
as a witness and may be impeached like a court deposition to be used; and
witness because Secs. 3 to 18 of RULE 132 apply d. If only part of a deposition is offered in evidence
to a deponent (Sec. 3, RULE 23, ROC) by a party, the adverse party may require him to
introduce all of it which is relevant to the part
4. Unless otherwise ordered by the court, the introduced, and any party may introduce any
deponent may be examined regarding any matter other parts.
not privileged, which is relevant to the pending
action, whether relating to the claim or defense of Section 5. RULE 23 Effect of substitution of parties. —
any party, including the existence, description, Substitution of parties does not affect the right to use
nature, custody, condition, and location of any depositions previously taken; xxx
books, documents, or other tangible things and the The same rule also provides that when an action
identity and location of persons having knowledge has been dismissed and another action involving
of relevant facts. (Sec. 2, RULE 23, ROC) the same subject and between the same parties, or
their representatives or successors in interest, is
5. The officer before whom the deposition is taken afterwards brought, all the depositions lawfully
has no authority to rule on the objections taken and duly filed in the former action may be
interposed during the course of the deposition used in the latter as if originally taken.
although any objections shall be noted by the
officer upon the deposition. Any evidence that is Under Sec. 7 of RULE 23, a person whose deposition is
objected to shall still be taken but subject to the taken by a party does not, by reason of such deposition,
objection (Sec. 17, RULE 23, ROC) make such person a witness of said party.
While the taking of the deposition of a person
Any part of all of the deposition, so far as admissible under does not make that person a witness of the party
the rules on evidence, may be used— taking his deposition, or any part thereof, makes
a. Against any party who was present or represented the deponent the witness of the party introducing
at the taking of the deposition, or the deposition if used for a purpose other than
b. Against one who had due notice of the deposition that of contradicting or impeaching the deponent
The deposition, or any of its parts, may be under Sec. 8 of RULE 23—the same provision
used at trial or upon the hearing of a however does not make this rule applicable to the
motion or an interlocutory proceeding use by an adverse party of a deposition mentioned
(Sec. 4, RULE 23, ROC) in par. (b) of Sec. 4 of RULE 23.

The deposition may be used for the following purposes: Oral deposition—
a. For contradicting or impeaching the testimony of 1. A party desiring to take the deposition of any
the deponent as a witness; person upon oral examination shall give

Eloise Coleen S. Perez Civil ProcedureFinals Reviewer; Pre-Trial and Modes of Discovery
 3

reasonable notice in writing, to every other party

to the action. Such notice shall contain—
a. the time and place for taking the 6. The officer is required to certify on the
deposition; and deposition that the witness was duly sworn to by
b. the name and address of each person to him and that the deposition is a true record of the
be examined, if known, and if the name is testimony given by the witness. He shall then
not known, a general description securely seal the deposition in an envelope
sufficient to identify him or the particular indorsed with the title of the action and marked
class or group to which he belongs. (Sec. "Deposition of (the name of witness.)" He shall
15, RULE 23, ROC) likewise promptly file it with the court in which
the action is pending or send it by registered mail
2. Certain guidelines for oral depositions provided to the clerk thereof for filing. (Sec. 20, RULE 23,
under Sec. 17, RULE 23, ROC must be observed ROC)
—
a. The officer before whom the deposition is to
be taken shall put the witness on oath; 7. All parties shall be notified of its filing by the
b. The testimony of the witness or deponent officer taking the deposition, (Sec. 21, RULE 23,
must be recorded and taken stenographically ROC) and upon payment of reasonable charges,
unless the parties agree otherwise; the officer shall furnish a copy of the deposition
c. All objections made at the time of the to any party or to the deponent. (Sec. 22, RULE
examination shall be noted; 23, ROC)
d. Evidence objected to shall be taken subject to
the objections.
Deposition upon written interrogatories
3. In lieu of participating in the oral examination, 1. A deposition need not be conducted through oral
parties served with notice of taking a deposition examination. It may be conducted through written
may transmit written interrogatories to the interrogatories. (Sec. 1, RULE 23, ROC)
officers, who shall propound them to the witness
and record the answers verbatim. (Sec. 17, RULE 2. A party desiring to take the deposition of any
23, ROC) person upon written interrogatories shall serve
the interrogatories upon every other party with a
4. When the testimony is fully transcribed, the notice stating
deposition shall be submitted to the witness for a. the name and address of the person who
examination and shall be read to or by him, is to answer them;
unless such examination and reading are waived b. and the name or descriptive title and
by the witness and by the parties. The witness address of the officer before whom the
may desire some changes in form or substance, I deposition is to be taken. (Sec. 25, RULE
n which case such changes shall be entered upon 23, ROC)
the deposition by the officer with a statement of
the reasons given by the witness for making 3. The party served with the interrogatories may
them. The deposition shall then be signed by the also serve cross-interrogatories upon the party
witness, unless the parties by stipulation waive proposing to take the deposition within ten (10)
the signing or the witness is ill or cannot be days from service of the written interrogatories—
found or refuses to sign. (Sec. 19, RULE 23, to which the latter may, within five days, serve re-
ROC) direct interrogatories.

Within three days after being served with re-

5. If the deposition is not signed by the witness, the direct interrogatories, a party may serve recross-
officer shall sign it and state on the record the interrogatories upon the party proposing to take
facts, together with the reason given for the non- the deposition. (Sec. 25, RULE 23, ROC)
signing of the deposition. This having been done,
4. A copy of the notice and copies of all
the deposition may then be used as fully as
interrogatories served shall be delivered by the
though signed, unless on a motion to suppress
party taking the deposition to the officer
under Sec. 29 (f) of RULE 23, ROC, the court
designated in the notice. He shall proceed
holds that the reasons given for the refusal to
promptly to take the testimony of the witness in
sign require rejection of the deposition in whole
response to the interrogatories and to prepare,
or in part. (Sec. 19, RULE 23, ROC)
certify, and file or mail the deposition, attaching
Eloise Coleen S. Perez Civil ProcedureFinals Reviewer; Pre-Trial and Modes of Discovery
 4

thereto the copy of the notice and the justice, the deposition may be taken and used in
interrogatories received by him. (Sec. 26, RULE the same manner and under the same conditions
23, ROC) as are prescribed in the Rules for depositions
taken in pending actions.

Depositions before action

This type of deposition is availed of when a person desires INTERROGATORIES TO PARTIES RULE 25
to perpetuate his own testimony or that of another person
regarding any matter that may be cognizable in any court Purpose—
of the Philippines. (Sec. 1, RULE 24, ROC) 1. This mode of discovery is availed of any party
desiring to elicit material and relevant facts from
Perpetuation of testimony before action— any adverse parties. (Sec. 1, RULE 25, ROC)
1. The perpetration of testimony is done by
verified petition in the court of the place of 2. To assist the parties in clarifying issues and in
the residence of any expected adverse party. ascertaining the facts involved in a case. (Case
(Sec. 1, RULE 24, ROC) law)

2. Notices shall be sent in accordance with the Existing rules consider this mode of discovery as
Rules, (Sec. 3, RULE 24, ROC) and if the court important because within one (1) day from receipt of
is satisfied that the perpetuation of the complaint, the mandates not only the preparation of
testimony may prevent a failure or delay of summons but also the issuance of an order requiring the
justice, it shall make an appropriate order for parties to avail of interrogatories to parties under RULE
the taking of the deposition. (Sec. 1, RULE 24, 25 (Interrogatories to parties) and request for
ROC) admission by adverse party under RULE 26 (Admission
by adverse party) or at their discretion, make use of
3. The deposition under RULE 24 is admissible depositions under RULE 23 (Depositions Pending
in evidence in any action subsequently Action) or other measures under RULES 27 (Production
brought involving the same subject matter. or inspection of documents or things) and 28 (Physical
(Sec. 6, RULE 24, ROC) and mental examination of persons) within 5 days from
the filing of the answer.

Bill of Particulars Interrogatories to parties

Depositions pending appeal—(Sec. 6, RULE 24, ROC) Directed to a pleading; NOT directed to a pleading;
seeks for a more definite seek only disclosure of all
1. If an appeal has been taken from a judgment of a statement or for particulars material and relevant facts
court, including the Court of Appeals in proper in a pleading. from a party. (Sec. 1, RULE
cases, or before the taking of an appeal if the time 25, ROC)
therefor has not expired, the court in which the
judgment was rendered, may allow the taking of
depositions of witnesses to perpetuate their Written interrogatories in a Interrogatories to parties
testimony for in the event of further proceedings Deposition
in the said court. NOT served upon the Served directly upon the
adverse party directly; adverse party. (Sec. 1,
2. The party who desires to perpetuate the delivered instead to the RULE 25, ROC)
testimony may make a motion in the said court for officer designated in the
leave to take the depositions, upon the same notice. (Sec. 26, RULE 23,
notice and service thereof as if the action was ROC)
pending. The service of written
interrogatories is a mode of
3. The motion shall state (a) the names and deposition SEPARATE AND
addresses of the persons to be examined and the DISTINCT from
substance of the testimony which he expects to Interrogatories to Parties.
elicit from each, and (b) the reason for (Sec. 1, RULE 23, ROC)
perpetuating their testimony.

4. If the court finds that the perpetuation of the Procedure—

testimony is proper to avoid a failure or delay of
Eloise Coleen S. Perez Civil ProcedureFinals Reviewer; Pre-Trial and Modes of Discovery
 5

1. Filing and serving upon the adverse party written Effect of not filing a written request for admission—Unless
interrogatories to be answered by the party otherwise allowed by the court for good cause shown and
served. If the party is a juridical entity, the written to prevent a failure of justice, failure to avail of this mode
interrogatories shall be answered by any of its of discovery shall not permit a party to present evidence
officers competent to testify in its behalf (Sec. 1, on facts that are material and relevant and which are, or
RULE 25, ROC) ought to be, within the personal knowledge of the other
party.
2. No party may, without leave of court, serve more
than one set of interrogatories to be answered by
the same party. (Sec. 4, RULE 25, ROC) The party upon whom the written request is directed is
advised to file and serve upon the party requesting
3. The interrogatories shall be answered fully in admission within fifteen (15) days after service thereof, or
writing, signed, and sworn to by the person within time as the court may allow on motion, a sworn
making them. The party upon whom the statement—
interrogatories have been served shall file and a. Specifically denying the matters of which an
serve a copy of the answers on the party admission is requested; or
submitting the interrogatories within fifteen (15) b. setting forth in detail the reasons why he cannot
days after service thereof—this period may, upon truthfully either admit or deny those matters.
motion and for good cause shown, be extended or
shortened by the court. (Sec. 2, RULE 25, ROC)
Effect of failure to file and
4. The party against whom it is directed may make serve a sworn statement of Effect of admission
objections to interrogatories. If he does so, said denial
objections shall be presented to the court within Any admission made by a
ten (10) days after service of interrogatories. The Each of the matters of party pursuant to such
filing of the objections shall have the effect of which an admission is request is for the purpose of
deferring the filing and service of the answer to requested shall be deemed the pending action only and
the interrogatories until the objections are admitted. shall not constitute an
resolved. (Sec. 3, RULE 25, ROC) (Sec. 5, RULE 26, ROC) admission by him for any
other purpose nor may the
same be used against him in
Effect of failure to serve written interrogatories—(Sec. 3, any other proceeding. (Sec.
RULE 25, ROC) 3, RULE 26, ROC)
GR: A party not served with written interrogatories may
not be compelled by the adverse party to give testimony in
open court, or to give a deposition pending appeal. To avoid implied admission, the party requested may have
Exc: Unless thereafter allowed by the court for good cause the compliance of the filing and the service of the sworn
shown and to prevent a failure of justice. statement deferred. This deferment may be effected by
filing with the court objections to the request for
admission. Compliance therewith shall be deferred until
ADMISSION BY ADVERSE PARTY RULE 26 such objections are resolved by the court. (Sec. 2, RULE
26, ROC)
Purpose—(Sec. 1, RULE 26, ROC)
The purpose of this mode of discovery is to allow one party Admissions made under this discovery, whether express or
to request the adverse party, in writing, to admit certain implied, are NOT final and irrevocable. The court may
material and relevant matters, which, most likely, will not allow the party making an admission whether express or
be disputed during the trial—the party may request the implied, to withdraw or amend it upon such terms as may
other to: be just. (Sec. 4, RULE 26, ROC)
a. Admit the genuineness of any material and To effect withdrawal of admission, the admitting
relevant document described in and exhibited party should file a motion to be relieved of the
with the request; or effects of his admission.
b. Admit the truth of any material and relevant
matter of fact set forth in the request.

A party may file and serve upon any other party a written
request at any time after issues have been joined.

Eloise Coleen S. Perez Civil ProcedureFinals Reviewer; Pre-Trial and Modes of Discovery
 6

PRODUCTION OR INSPECTION OF DOCUMENTS OR

THINGS RULE 27

Purpose—
The purpose of this mode of discovery is to allow a
party to seek an order from the court in which the action is
pending to:
(a) order any party to produce and permit the
inspection and copying or photographing, by or on
behalf of the moving party, of any designated
documents, papers, books, accounts, letters,
photographs, objects or tangible things, not
privileged, which constitute or contain evidence
material to any matter involved in the action and
which are in his possession, custody or control, or

(b) order any party to permit entry upon

designated land or other property in his
possession or control for the purpose of
inspecting, measuring, surveying, or
photographing the property or any designated
relevant object or operation thereon

The test to be applied by the trial judge in determining the

relevancy of documents is one of reasonableness and
practicability. (Case Law)

This discovery procedure has a limitation: the documents

disclosed should not be “privileged against disclosure.”
Privileged communication under Sec. 24, RULE
130, ROC and others;
1. Between husband and wife;
2. Between attorney and client;
3. Between physician and patient;
4. Between priest and patient;
5. Communication of public officers involving public
interest;
6. Editors may not be compelled to disclose source of
published news;
7. Voters may not be compelled to disclose whom
they voted;
8. Trade secrets;
9. Information contained in tax census returns;
10. Bank deposits

Eloise Coleen S. Perez Civil ProcedureFinals Reviewer; Pre-Trial and Modes of Discovery