C2018 CivPro Reviewer (Part 5)

C2018 REVIEWER CIVIL PROCEDURE PROF.
VISTAN
PART V – ESTABLISHING FACTS AFTER EXCHANGING PLEADINGS
V. ESTABLISHING FACTS unnecessary proof;

(e) The limitation of the number of witness;
AFTER EXCHANGING (f) The advisability of a preliminary reference of
issues to a commissioner;
PLEADINGS (g) The propriety of rendering judgment on the
pleadings, or summary judgment, or of
A. PRE-TRIAL dismissing the action should a valid ground
i. Mandatory Pre-Trial therefor be found to exist;
(h) The advisability or necessity of suspending the
Sec 1, Rule 18. When conducted.
proceedings; and
After the last pleading has been served and filed, it
(i) Such other matters as may aid in the prompt
shall be the duty of the plaintiff to promptly move
disposition of the action.
ex parte that the case be set for pre-trial.
(a) The possibility of an amicable

DUTY O F PLAINTIFF AFTER SERVING
settlement or of a submission to
AND FILING LAST PLEADING alternative modes of dispute resolution
Promptly move ex parte that the case be set for - If the parties reach an amicable
pre-trial settlement, parties may ask for the
dismissal of the action or that judgment
FAILURE TO PROM PTLY FILE A be rendered based on the compromise
M OTIO N agreement
May cause the dismissal of the case. However,
dismissal is not warranted if no substantial DISTINCTIO NS UNDER THE O LD RULE
prejudice will be caused to the defendant and Under the old Rules, the Judge may render a
there are special reasons which would make the judgment on the pleadings or summary judgment if
application of the rule clearly unjustified it appears that the facts exist whch justify such
action. Under the present rule, Judge merely
BUT AM No. 03-1-99 SC states that if plaintiff considers the propriety of such action. [Feria, 547-
fails to move ex parte that the case be set for pre- 548]
trial WITHIN 5 DAYS from filing of reply, the Branch
Clerk of Court shall issue a notice of pre-trial
ii. Notice of pre-trial
Sec 3, Rule 18. Notice of pre-trial.
“LAST PLEADING”
The notice of pre-trial shall be served on counsel,
Usually, it is the answer. And if there is a
or on the party who has no counsel. The counsel
counterclaim/cross-claim, the answer to that
served with such notice is charged with the duty of
counterclaim/cross-claim is the last pleading. If the
notifying the party represented by him.
plaintiff files a reply, that would be the last
pleading. [Feria, p. 546]
NOTICE OF PRE-TRIAL IS M ANDATO RY
In view of the difficulty of serving the notice to the
Sec 2, Rule 18. Nature and Purpose.
party himself/herself, the rules now require that it
The pre-trial is mandatory. The court shall consider:
be served on the counsel. Only if the party does
(a) The possibility of an amicable settlement or of
not have one will it be served on him/her. [Feria, p.
a submission to alternative modes of dispute
548]
resolution;
(b) The simplification of issues;
It is mandatory to send a notice stating the date,
(c) The necessity or desirability or amendments to
time, and place of pre-trial. Its absence will render
the pleadings;
the pre-trial and subsequent proceedings void.
(d) The possibility of obtaining stipulations or
[ibid]
admissions of facts and of documents to avoid
C2018 REVIEWER CIVIL PROCEDURE PROF. VISTAN
The defendant will then be declared as in default.

iii. Appearance of parties Hence, the remedies to lift order of default are also
Sec 4, Rule 18. Appearance of parties. available.
It shall be the duty of the parties and their counsel
to appear at the pre-trial. The non-appearance of a v. Pre-trial Brief
party may be excused only if a valid cause is shown Sec 6, Rule 18. Pre-trial Brief.
therefor or if a representative shall appear in his The parties shall file with the court and serve on the
behalf fully authorized in writing to enter into an adverse party, in such manner as shall ensure their
amicable settlement, to submit to alternative receipt thereof at least three (3) days before the
modes of dispute resolution, and to enter into date of pre-trial, their respective pre-trial briefs
stipulations or admissions of facts of documents. which shall contain, among others:
(a) A statement of their willingness to enter into
PRESENCE O F PARTY AND COUNSEL amicable settlement or alternative modes of
IS REQ UIRED IN PRE-TRIAL dispute resolution, indicating the desired
Presence of the party is necessary for an amicable terms thereof;
settlement or a submission to alternative modes of (b) A summary of admitted facts and proposed
dispute resolution, and stipulations or admissions stipulation of facts;
of facts and documents. [Feria, p. 549] (c) The issues to be tried or resolved;
(d) The documents or exhibits to be presented
A representative may be allowed to appear in lieu stating the purpose thereof;
of the party, provided he has a SPECIAL POWER (e) A manifestation of their having availed or their
OF ATTORNEY. The counsel may himself be the intention to avail themselves of discovery
representative, but he still needs to be armed with procedures or referral to commissioners; and
an SPA. [ibid] (f) The number and names of the witnesses, and
the substance of their respective testimonies.
iv. Effect of failure to appear
JUDICIAL AFFIDAVIT RULE requires the
Sec 5, Rule 18. Effect of failure to appear.
parties to present the judicial affidavits of ALL their
The failure of the plaintiff to appear when so
witnesses at least 5 DAYS prior to the pre-trial
required pursuant to the next preceding shall be
hearing
cause for dismissal of the action. The dismissal shall
be with prejudice, unless otherwise ordered by the
A.M. No. 12-8-8-SC
court. A similar failure on the part of the defendant
JUDICIAL AFFIDAVIT RULE
shall be the cause to allow the plaintiff to present
Section 1. Scope. –
his evidence ex parte and the court to render
(b) This Rule shall apply to all actions,
judgment on the basis thereof.
proceedings, and incidents requiring the
reception of evidence before:
EFFECT O F FAILURE TO APPEAR (1) MTCs, MeTCs, MTCCs, MCTCS, and the
W ITHO UT A VALID CAUSE Shari' a Circuit Courts but shall not apply to
Plaintiff Dismissal of action, with prejudice small claims cases under A.M. 08-8-7-SC;
Defendant Plaintiff’s presentation of evidence ex (2) RTC, Shari’a District Courts
parte (3) The Sandiganbayan, CTA, CA, Shari’a
Appellate Courts
NOTE: This section contemplates failure to appear (4) The investigating officers and bodies
without a valid cause. If a party fails to appear BUT authorized by the Supreme Court to
with a valid cause, this section will not apply. receive evidence, including IBP); and
(5) The special courts and quasi-judicial
bodies, whose rules of procedure are
subject to disapproval of the Supreme Filipino, and shall contain the following:
Court, insofar as their existing rules of (a) The name, age, residence or business address,
procedure contravene the provisions of this and occupation of the witness;
Rule.1 (b) The name and address of the lawyer who
(c) For the purpose of brevity, the above courts, conducts or supervises the examination of the
quasi-judicial bodies, or investigating officers witness and the place where the examination
shall be uniformly referred to here as the is being held;
"court." (c) A statement that the witness is answering the
questions asked of him, fully conscious that he
Section 2. Submission of Judicial Affidavits does so under oath, and that he may face
and Exhibits in lieu of direct testimonies. – criminal liability for false testimony or perjury;
(a) The parties shall file with the court and serve (d) Questions asked of the witness and his
on the adverse party, personally or by licensed corresponding answers, consecutively
courier service, not later than five days before numbered, that:
pre-trial or preliminary conference or the (1) Show the circumstances under which the
scheduled hearing with respect to motions witness acquired the facts upon which he
and incidents, the following: testifies;
(1) The judicial affidavits of their witnesses, (2) Elicit from him those facts which are
which shall take the place of such relevant to the issues that the case
witnesses' direct testimonies; and presents; and
(2) The parties' documentary or object (3) Identify the attached documentary and
evidence, if any, which shall be attached object evidence and establish their
to the judicial affidavits and marked as authenticity in accordance with the Rules
Exhibits A, B, C, and so on in the case of of Court;
the complainant or the plaintiff, and as (e) The signature of the witness over his printed
Exhibits 1, 2, 3, and so on in the case of name; and
the respondent or the defendant. (f) A jurat with the signature of the notary public
(b) Should a party or a witness desire to keep the who administers the oath or an officer who is
original document or object evidence in his authorized by law to administer the same.
possession, he may, after the same has been
identified, marked as exhibit, and Section 4. Sworn attestation of the lawyer. –
authenticated, warrant in his judicial affidavit (a) The judicial affidavit shall contain a sworn
that the copy or reproduction attached to such attestation at the end, executed by the lawyer
affidavit is a faithful copy or reproduction of who conducted or supervised the examination
that original. In addition, the party or witness of the witness, to the effect that:
shall bring the original document or object (1) He faithfully recorded or caused to be
evidence for comparison during the recorded the questions he asked and the
preliminary conference with the attached copy, corresponding answers that the witness
reproduction, or pictures, failing which the gave; and
latter shall not be admitted. (2) Neither he nor any other person then
present or assisting him coached the
This is without prejudice to the introduction of witness regarding the latter's answers.
secondary evidence in place of the original when (b) A false attestation shall subject the lawyer
allowed by existing rules. mentioned to disciplinary action, including
disbarment.
Section 3. Contents of judicial Affidavit. - A
judicial affidavit shall be prepared in the language Section 5. Subpoena. - If the government
known to the witness and, if not in English or employee or official, or the requested witness, who
Filipino, accompanied by a translation in English or is neither the witness of the adverse party nor a
hostile witness, unjustifiably declines to execute a (b) After each piece of exhibit is offered, the
judicial affidavit or refuses without just cause to adverse party shall state the legal ground for
make the relevant books, documents, or other his objection, if any, to its admission, and the
things under his control available for copying, court shall immediately make its ruling
authentication, and eventual production in court, respecting that exhibit.
the requesting party may avail himself of the (c) Since the documentary or object exhibits form
issuance of a subpoena ad testificandum or duces part of the judicial affidavits that describe and
tecum under Rule 21 of the Rules of Court. The authenticate them, it is sufficient that such
rules governing the issuance of a subpoena to the exhibits are simply cited by their markings
witness in this case shall be the same as when during the offers, the objections, and the
taking his deposition except that the taking of a rulings, dispensing with the description of
judicial affidavit shal1 be understood to be ex each exhibit.
parte.
Section 9. Application of rule to criminal actions.
Section 6. Offer of and objections to testimony in
judicial affidavit. - The party presenting the judicial Section 10. Effect of non-compliance with the
affidavit of his witness in place of direct testimony judicial Affidavit Rule. –
shall state the purpose of such testimony at the (a) A party who fails to submit the required
start of the presentation of the witness. The judicial affidavits and exhibits on time shall be
adverse party may move to disqualify the witness or deemed to have waived their submission. The
to strike out his affidavit or any of the answers court may, however, allow only once the late
found in it on ground of inadmissibility. The court submission of the same provided, the delay is
shall promptly rule on the motion and, if granted, for a valid reason, would not unduly prejudice
shall cause the marking of any excluded answer by the opposing party, and the defaulting party
placing it in brackets under the initials of an pays a fine of not less than P 1,000.00 nor
authorized court personnel, without prejudice to a more than P 5,000.00 at the discretion of the
tender of excluded evidence under Section 40 of court.
Rule 132 of the Rules of Court. (b) The court shall not consider the affidavit of any
witness who fails to appear at the scheduled
Section 7. Examination of the witness on hearing of the case as required. Counsel who
his judicial affidavit. - The adverse party shall fails to appear without valid cause despite
have the right to cross-examine the witness on his notice shall be deemed to have waived his
judicial affidavit and on the exhibits attached to the client's right to confront by cross-examination
same. The party who presents the witness may also the witnesses there present.
examine him as on re-direct. In every case, the (c) The court shall not admit as evidence judicial
court shall take active part in examining the witness affidavits that do not conform to the content
to determine his credibility as well as the truth of requirements of Section 3 and the attestation
his testimony and to elicit the answers that it needs requirement of Section 4 above. The court
for resolving the issues. may, however, allow only once the subsequent
submission of the compliant replacement
Section 8. Oral offer of and objections to affidavits before the hearing or trial provided
exhibits. - the delay is for a valid reason and would not
(a) Upon the termination of the testimony of his unduly prejudice the opposing party and
last witness, a party shall immediately make an provided further, that public or private counsel
oral offer of evidence of his documentary or responsible for their preparation and
object exhibits, piece by piece, in their submission pays a fine of not less
chronological order, stating the purpose or than P 1,000.00 nor more than P 5,000.00, at
purposes for which he offers the particular the discretion of the court.
exhibit.
Section 11. Repeal or modification of Held: Both parties and counsel are required to
inconsistent rules. – [Inconsistent procedures in attend the pre-trial. If the party cannot attend, a
the RoC are deemed repealed or modified; representative may be sent, thru a Special Power of
inconsistent procedures in quasi-judicial bodies Atty (SPA)
deemed disapproved]
Doctrine:
Section 12. Effectivity. – [Jan 1, 2013, after
publication to be done not later than Sep 14, 2012] 267 National Power Corp v. Judge Adiong
(July 27, 2011)
vi. Record of pre-trial; pre-trial order Facts:
Sec 7, Rule 18. Record of pre-trial.
The proceedings in the pre-trial shall be recorded. Held:
Upon the termination thereof, the court shall issue
an order which shall recite in detail the matters Doctrine:
taken up in the conference, the action taken
thereon, the amendments allowed to the 268 Olave v. Mistas
pleadings, and the agreements or admissions made (November 26, 2004)
by the parties as to any of the matters considered. Facts:
Should the action proceed to trial, the order shall,
explicitly define and limit the issues to be tried. The Held:
contents of the order shall control the subsequent
course of the action, unless modified before trial to Doctrine:
prevent manifest justice.
269 BPI v. Sps Genuino
CONTENTS OF TH E PRE-TRIAL O RDER (July 22, 2015)
(1) Matters taken up in the conference Facts:
(2) Action taken
(3) Amendments allowed to the pleadings Held:
(4) Agreements or admissions made by the
parties as to any of the matters considered Doctrine:
(5) If the action will proceed to trial, order shall
explicitly define and limit the issues to be tried 270 Cruz-Arevalo v. Judge Querubin-Layosa
(July 14, 2006)
265 LCK Industries v. Planters Devt Bank Facts:
(November 23, 2007, Chico-Nazario)
Facts: Issue of WON overpayment was made was Held:
not an issue in the pre-trial order.
Doctrine:
Held: Even though there is no such issue, it can be
seen in the pre-trial order that such issue needs to 271 Ramnani v. CA
be resolved. (April 28, 1993)
Facts:
Doctrine:
Held:
266 Alarcon v. CA
(January 28, 2000) Doctrine:
Facts:
272 Monarch Insurance Co v. CA This section is merely directory, and a violation

(June 8, 2000) thereof will not nullify a judicial proceeding. [Feria,
Facts: Vol 2, p. 2, citing Barrueco v. Abeto (1940)]
Held: PAYM ENT OF DO CKET FEES

REQ UIRED FO R PO STPO NEM ENTS
Doctrine: Under Rule 141, as amended by A.M. No. 04-02-04
SC, P200.00 shall be collected for the first motion
273 Republic v. Oleta for postponement after completion of pre-trial
(August 17, 2007) stage, and an additional P50.00 for every
Facts: postponement thereafter. HOWEVER, no fee shall
be imposed when the motion is found to be based
Held: on justifiable and compelling grounds.
Doctrine: Sec 3, Rule 30. Requisites of motion to

postpone trial for absence of evidence.
274 Son v. Son A motion to postpone a trial on the ground of
(December 29, 1995) absence of evidence can be granted only upon
Facts: affidavit showing the materiality or relevancy of
such evidence, and that due diligence has been
Held: used to procure it. But if the adverse party admits
the facts to be given in evidence, even if he objects
Doctrine: or reserves the right to object to their admissibility,
the trial shall not be postponed.
B. TRIAL
REQ UISITES OF M OTION TO
Sec 1, Rule 30. Notice of Trial.
PO STPO NE FO R ABSENCE OF
Upon entry of a case in the trial calendar, the clerk
shall notify the parties of the date of its trial in such EVIDENCE
manner as shall ensure his receipt of that notice at Affidavit showing that:
least five (5) days before such date. (1) The evidence expected to be obtained is
material/relevant, and
Similar to the wording under Rule 15 in setting a (2) Due diligence has been used to procure it
motion for hearing, the section uses the phrase
“ensure receipt” of notice, not service of notice, at W HEN TRIAL SHOULD NOT BE
least 5 days before the trial. PO STPO NED
If the adverse party admits the facts to be given in
i. Adjournments and postponements evidence, even if he objects or reserves the right to
object to their admissibility
Sec 2, Rule 30. Adjournments and
postponements.
Under this Section, an admission to avoid a
A court may adjourn a trial from day to day, and to
continuance must be an admission of the facts to
any stated time, as the expeditious and convenient
be given in evidence and not merely an admission
transaction of business may require, but shall have
“that such evidence would be given.” The first one
no power to adjourn a trial for a longer period than
admits the truth of the proposed testimony, the 2nd
one month from each adjournment, nor more than
merely admits the tenor. [Feria, Vol 2, p3]
three months in all, except when authorized by the
Court Administrator, Supreme Court.
Sec 4, Rule 30. Requisites of motion to
postpone trial for illness of party or counsel.
A motion to postpone a trial on the ground of Hence, a motion must be served as to ensure its
illness of a party or counsel may be granted if it receipt by the other party at least 3 days before the
appears upon affidavit or sworn certification that date of hearing.
the presence of such party or counsel at the trial is
indispensable and that the character of his illness is ART 2029, 2030 of the Civil Code
such as to render his non-attendance excusable.
i. Order of trial
REQ UISITES OF M OTIO N TO Sec 5, Rule 30. Order of Trial.
PO STPO NE FO R ILLNESS Subject to the provisions of section 2 of Rule 31,
Affidavit/sworn certification showing that: and unless the court for special reasons otherwise
(1) The presence of the party or counsel at the directs, the trial shall be limited to the issues stated
trial is indispensable, and in the pre-trial order and shall proceed as follows:
(2) The character of his illness is such as to render (a) The plaintiff shall adduce evidence in support
non-attendance excusable of his complaint;
(b) The defendant shall then adduce evidence in
GRANTING OF CONTINUANCE IS support of his defense, counterclaim, cross-
DISCRETIO NARY claim and third-party complaints;
The granting of a motion depends entirely upon (c) The third-party defendant if any, shall adduce
the discretion of the courts, in the exercise of which evidence of his defense, counterclaim, cross-
all the attending circumstances and the rights of all claim and fourth-party complaint;
the parties appearing should be taken into account. (d) The fourth-party, and so forth, if any, shall
[Feria, p. 6, citing Linis v. Rovira (1935)] adduce evidence of the material facts pleaded
by them;
A continuance is properly refused when the party is (e) The parties against whom any counterclaim or
not to ill to attend trial or the fact of illness is not cross-claim has been pleaded, shall adduce
established by satisfactory sworn statement of a evidence in support of their defense, in the
physician. [Feria, p. 5, citing Natividad v. Marquez order to be prescribed by the court;
(1918)] (f) The parties may then respectively adduce
rebutting evidence only, unless the court, for
ENGAGEM ENT O F PARTY’S CO UNSEL good reasons and in the furtherance of justice,
IN ANO THER TRIAL permits them to adduce evidence upon their
Although not expressly provided for, this may be a original case; and
ground for granting a continuance. [Feria, p. 8, (g) Upon admission of the evidence, the case shall
citing Linis v. Rovira (1935)] be deemed submitted for decision, unless the
court directs the parties to argue or to submit
HOWEVER, an attorney who accepts a case, their respective memoranda or any further
knowing that the hearing is set for a date on which pleadings.
he can not appear, because of the trial of another
case, which was set previously, he has no right to If several defendants or third-party defendants, and
presume that the court will necessarily grant his so forth, having separate defenses appear by
motion for postponement of the hearing. [Feria, p. different counsel, the court shall determine the
6] relative order of presentation of their evidence.
What triggers the transition? The formal offer of the

M OTIO NS FOR CO NTINUANCE
party who finished presenting his evidence.
SHOULD BE FILED IN ACCORDANCE
W ITH SECTION 4, RULE 15
See: Section 8 of the Judicial Affidavit
Rule
• After a testimony, the party must have an delegation to clerk of court.

ORAL offer, stating the purpose/s for which The judge of the court where the case is pending
he presents the exhibit shall personally receive the evidence to be
adduced by the parties. However, in default or ex
GENERAL RULE: After the plaintiff and defendant parte hearings, and in any case where the parties
finished presented their evidence, parties may agree in writing, the court may delegate the
adduce rebutting evidence only. reception of evidence to its clerk of court who is a
EXCEPTION: If the court, for good reasons and in member of the bar. The clerk of court shall have no
the furtherance of justice, permits them to adduce power to rule on objections to any question or to
evidence upon their original case. the admission of exhibits, which objections shall be
resolved by the court upon submission of his report
ii. Agreed statement of facts and the transcripts within ten (10) days from
Sec 6, Rule 30. Agreed statement of facts. termination of the hearing.
The parties to any action may agree, in writing,
upon the facts involved in the litigation, and submit W HEN M AY A JUDGE DELEGATE
the case for judgment on the facts agreed upon, RECEPTIO N O F EVIDENCE TO CLERK
without the introduction of evidence. OF COURT
(1) Default proceedings
If the parties agree only on some of the facts in (2) Ex parte proceedings
issue, the trial shall be held as to the disputed facts (3) Any case where parties agree in writing
in such order as the court shall prescribe.
CLERK OF COURT M UST BE A M EM BER
Once the parties agree on stipulations, one of the
OF THE BAR
parties will not be allowed to withdraw from such
The clerk of court must be a member of the bar
agreement without the consent of the other party,
but, like an officer before whom a deposition is
except by leave of court upon cause shown. [Feria,
taken under Sec 17, Rule 23, has no power to rule
p. 14, citing Ortua v. Rodriguez & Ramos (1936)]
on objections.
If the parties fail to agree to facts in the pre-trial,

CONSOLIDATION AND SEVERANCE
they may do so DURING trial to stipulation of facts,
to dispense with presentation of evidence.
Sec 1, Rule 31. Consolidation.
When actions involving a common question of law
or fact are pending before the court, it may order a
iii. Statement of judge
joint hearing or trial of any or all the matters in
Sec 7, Rule 30. Statement of Judge. issue in the actions; it may order all the actions
During the hearing or trial of a case any statement consolidated, and it may make such orders
made by the judge with reference to the case, or to concerning proceedings therein as may tend to
any of the parties, witnesses or counsel, shall be avoid unnecessary costs or delay.
made of record in the stenographic notes.
Sec 2, Rule 31. Separate Trials.

iv. Suspension of actions The court, in furtherance of convenience or to
Sec 8, Rule 30. Suspension of Actions. avoid prejudice, may order a separate trial of any
The suspension of actions shall be governed by the claim, cross-claim, counterclaim, or third-party
provisions of the Civil Code. complaint, or of any separate issue or of any
number of claims, cross-claims, counterclaims,
v. Judge to receive evidence; third-party complaints or issues.
delegation to clerk of court
Sec 9, Rule 30. Judge to receive evidence;
275 OCA v. Judge Vestil 281 Concerned Lawyers of Bulacan v. Judge

(October 5, 2007) Villalon-Pornillos
Facts: (July 7, 2009)
Facts:
Held:
Held:
Doctrine:
Doctrine:
276 Republic v. Sandiganbayan (4th Division)
(December 13, 2011) C. TRIAL BY COMMISSIONER
Facts:
i. Basis of Reference
Sec 1, Rule 32. Reference by consent.
Held:
By written consent of both parties, the court may
order any or all of the issues in a case to be
Doctrine:
referred to a commissioner to be agreed upon by
the parties or to be appointed by the court. As
277 Kalitas v. Lido
used in these Rules, the word "commissioner"
(April 25, 1969)
includes a referee, an auditor and an examiner.
Facts:
Held: Sec 2, Rule 32. Reference ordered on motion.

When the parties do not consent, the court may,
Doctrine: upon the application of either or of its own motion,
direct a reference to a commissioner in the
following cases:
278 Moldex Realty v. Sps Villabona
(a) When the trial of an issue of fact requires the
(July 4, 2012)
examination of a long account on either side,
Facts:
in which case the commissioner may be
directed to hear and report upon the whole
Held:
issue or any specific question involved therein;
(b) When the taking of an account is necessary for
Doctrine:
the information of the court before judgment,
or for carrying a judgment or order into effect.
279 Saludo Jr. v. CA (c) When a question of fact, other than upon the
(May 3, 2006) pleadings, arises upon motion or otherwise, in
Facts: any stage of a case, or for carrying a judgment
or order into effect
Held:
TRIAL BY CO M M ISSIO NERS
Doctrine:
GENERAL RULE: Trial by commissioner depends
upon the discretion of the court.
280 Umali-Paco v. Judge Quilala EXCEPTIONS: When trial by commissioners is
(October 15, 2003) necessary:
Facts: (1) Expropriation (Rule 67);
(2) Partition (Rule 69);
Held: (3) Settlement of Estate of a Deceased Person
in case of contested claims; and
Doctrine:
(4) Submission of accounting by executors and for the efficient performance of his duties under the
administrators. order. He may issue subpoenas and
subpoenas duces tecum, swear witnesses, and
KINDS O F TRIAL BY CO M M ISSIO NER unless otherwise provided in the order of
(1) Reference by consent of both parties reference, he may rule upon the admissibility of
(2) Reference ordered on motion evidence. The trial or hearing before him shall
proceed in all respects as it would if held before
REFERENCE BY CO NSENT the court.
The court may order any or all of the issues in a
case to be referred to a commissioner by written ORDER OF REFERENCE
consent of both parties. [Rule 32, Sec. 1] An order of reference must contain the ff.:
(1) Specifications or limitations of the powers
Commissioners are to be: of the commissioner;
(1) Agreed upon by the parties; or (2) A direction to report only upon particular
(2) Appointed by the court. issues, to do or perform particular acts, or
to receive and report evidence only;
(3) The date for beginning and closing the
REFERENCE O RDERED O N M O TIO N
hearings, and that for the filing of his
The court may direct reference to a commissioner,
report.
upon application of a party or upon its own motion,
in the ff. cases:
No bond is required because commissioner acts as
(1) When trial of an issue of fact requires
a fact-finding body, or likened to a judge, and no
examination of long account;
property is put under his administration.
(2) When taking of an account is necessary;
(3) When questions of fact, other than upon
pleadings, arises upon motion or otherwise Sec 5, Rule 32. Proceedings before
in any stage, or for carrying a judgment Commissioner.
into effect. [Rule 32, Sec. 2] Upon receipt of the order of reference and unless
otherwise provided therein, the commissioner shall
“TRIAL BY COMMISSIONER” is misleading, forthwith set a time and place for the first meeting
because only a part of the trial is referred to the of the parties or their counsel to be held within ten
Commissioner. (10) days after the date of the order of reference
and shall notify the parties or their counsel.
ii. Order of Reference
Sec 3, Rule 32. Order of Reference, powers of Sec 4, Rule 32. Oath of Commissioner.
the commissioner. Before entering upon his duties the commissioner
When a reference is made, the clerk shall forthwith shall be sworn to a faithful and honest performance
furnish the commissioner with a copy of the order thereof.
of reference. The order may specify or limit the
powers of the commissioner, and may direct him to PO W ERS O F CO M M ISSIO NER
report only upon particular issues, or to do or (1) Regulate proceedings;
perform particular acts, or to receive and report (2) All acts and measures necessary for the
evidence only and may fix the date for beginning efficient performance of his duties;
and closing the hearings and for the filing of his (3) Issue subpoenas;
report. Subject to other specifications and (4) Swear witnesses; and
limitations stated in the order, the commissioner (5) Rule upon the admissibility of evidence,
has and shall exercise the power to regulate the unless otherwise provided in the reference.
proceedings in every hearing before him and to do
all acts and take all measures necessary or proper
PRO CEEDINGS BEFO RE A affidavits, depositions, papers and the transcript, if

COM M ISSIONER any, of the testimonial evidence presented before
STEP 1: Receipt of order of reference him.
STEP 2: Commissioner sets time and place for first
meeting of the parties or their counsel REPO RT O F THE COM M ISSIONER
STEP 3: Notices shall be sent to parties or counsel The report is filed with the court upon completion
STEP 4: Hearing is to be held within 10 days after of the trial, hearing or proceedings.
the date of order of reference.
CONTENTS OF THE REPORT
Sec 6, Rule 32. Failure of parties to appear (1) Report in writing upon the matters
before Commissioner. submitted to him by the order of reference;
If a party fails to appear at the time and place (2) The findings of fact and conclusions of law;
appointed, the commissioner may proceed ex and
parte or, in his discretion, adjourn the proceedings (3) All exhibits, affidavits, depositions, papers,
to a future day, giving notice to the absent party or and transcripts, if any, of testimonial
his counsel of the adjournment. evidence presented before him.
FAILURE TO APPEAR Sec 13, Rule 32. Compensation of

Failure to appear results in either: commissioner.
(a) A proceeding ex parte; The court shall allow the commissioner such
(b) The adjournment of the proceedings to a reasonable compensation as the circumstances of
future date, giving notice to the absent the case warrant, to be taxed as costs against the
party or his counsel. defeated party, or apportioned, as justice requires.
Sec 7, Rule 32. Refusal of witness. iv. Notice to parties of the filing of
The refusal of a witness to obey a subpoena issued report
by the commissioner or to give evidence before
Sec 10, Rule 32. Notice to parties of the filing
him, shall be deemed a contempt of the court
of report.
which appointed the commissioner.
Upon the filing of the report, the parties shall be
notified by the clerk, and they shall be allowed ten
Sec 8, Rule 32. Commissioner shall avoid (10) days within which to signify grounds of
delays. objections to the findings of the report, if they so
It is the duty of the commissioner to proceed with desire. Objections to the report based upon
all reasonable diligence. Either party, on notice to grounds which were available to the parties during
the parties and commissioner, may apply to the the proceedings before the commissioner, other
court for an order requiring the commissioner to than objections to the findings and conclusions
expedite the proceedings and to make his report. therein, set forth, shall not be considered by the
court unless they were made before the
iii. Report of Commissioner commissioner.
Sec 9, Rule 32. Report of Commissioner.
Upon the completion of the trial or hearing or NOTICE ON THE REPO RT
proceeding before the commissioner, he shall file Upon filing of the report, the parties shall be
with the court his report in writing upon the matters notified by the clerk of court. They are given 10
submitted to him by the order of reference. When days to object to the findings of the commissioner.
his powers are not specified or limited, he shall set
forth his findings of fact and conclusions of law in NOTE: Objections based upon grounds which
his report. He shall attach thereto all exhibits, were available to the parties during the
proceedings before the commissioner shall not be 1. Hearing or trial of an action

considered by the court, unless they were made 2. Any investigation conducted by competent
before the commissioner. authority
3. Taking of a deposition (Feria)
v. Hearing upon Report
Sec 11, Rule 32. Hearing upon report. Sec 2, Rule 21. By whom issued.
Upon the expiration of the period of ten (10) days The subpoena may be issued by —
referred to in the preceding section, the report (a) The court before whom the witness is required
shall be set for hearing, after which the court shall to attend;
issue an order adopting, modifying, or rejecting the (b) The court of the place where the deposition is
report in whole or in part, or recommitting it with to be taken;
instructions, or requiring the parties to present (c) The officer or body authorized by law to do so
further evidence before the commissioner or the in connection with investigations conducted by
court. said officer or body; or
(d) Any Justice of the Supreme Court or of the
Sec 12, Rule 32. Stipulations as to findings. Court of Appeals in any case or investigation
When the parties stipulate that a commissioner's pending within the Philippines.
findings of fact shall be final, only questions of law
shall thereafter be considered. When application for a subpoena to a prisoner is
made, the judge or officer shall examine and study
HEARING ON THE REPORT carefully such application to determine whether the
Upon the expiration of the 10-day period to file same is made for a valid purpose.
objections, the report is set for hearing.
No prisoner sentenced to death, reclusion
After hearing, the court will issue an order perpetua or life imprisonment and who is confined
containing the ff.: in any penal institution shall be brought outside the
(1) An adoption, modification or rejection of said penal institution for appearance or attendance
the report, in whole or in part; in any court unless authorized by the Supreme
(2) A recommittance with instructions; and Court.
(3) A requirement to the parties to present
further evidence before the commissioner Sec 3, Rule 21. Form and contents.
or the court. A subpoena shall state the name of the court and
the title of the action or investigation, shall be
D. SUBPOENA directed to the person whose attendance is
Sec 1, Rule 21. Subpoena and subpoena required, and in the case of a subpoena duces
tecum, it shall also contain a reasonable description
duces tecum.
of the books, documents or things demanded
Subpoena is a process directed to a person
which must appear to the court prima
requiring him to attend and to testify at the hearing
facie relevant.
or the trial of an action, or at any investigation
conducted by competent authority, or for the
Subpoena is issued by the court/officer authorized
taking of his deposition. It may also require him to
by law to do so.
bring with him any books, documents, or other
But it is signed by the Clerk of Court (Rule 134,
things under his control, in which case it is called a
Section 4)
subpoena duces tecum.
CIRCUM STANCES W HEN SUBPOENA i. Subpoena (ad testificandum)

• Subpoena to testify
M AY REQUIRE W ITNESS TO ATTEND
ii. Subpoena duces tecum But this is not necessary for the issuance of
• Subpoena to testify and produce books, subpoena duces tecum for a court hearing or trial.
documents, or things described in the (Feria)
subpoena
iv. Quashing a subpoena
REQUISITES: Sec 4, Rule 21. Quashing a subpoena.
1. TEST OF DEFINITENESS: Whether he The court may quash a subpoena duces
subpoena calls for the production of specific tecum upon motion promptly made and, in any
documents, or rather for specific proof; and event, at or before the time specified therein if it is
2. TEST OF RELEVANCY: Whether that proof is unreasonable and oppressive, or the relevancy of
prima facie sufficiently relevant to justify its the books, documents or things does not appear,
production or if the person in whose behalf the subpoena is
issued fails to advance the reasonable cost of the
If improperly issued, the remedy is by motion to production thereof.
vacate or set aside the subpoena.
The court may quash a subpoena
Inability to comply is excusable, but the reason ad testificandum on the ground that the witness is
must be real, and established by clear and not bound thereby. In either case, the subpoena
convincing evidence. may be quashed on the ground that the and
kilometrage allowed by these Rules were not
iii. Subpoena for depositions tendered when the subpoena was served.
Sec 5, Rule 21. Subpoena for depositions.
Proof of service of a notice to take a deposition, as Who are “witnesses not bound thereby”? Those
provided in sections 15 and 25 of Rule 23, shall witnesses not required to testify.
constitute sufficient authorization for the issuance Ex. Prisoners
of subpoenas for the persons named in said notice
by the clerk of the court of the place in which the v. Service
deposition is to be taken. The clerk shall not, Sec 6, Rule 21. Service.
however, issue a subpoena duces tecum to any Service of a subpoena shall be made in the same
such person without an order of the court. manner as personal or substituted service of
summons. The original shall be exhibited and a
W HEN SUBPOENA UNNECESSARY copy thereof delivered to the person on whom it is
Party to an action need not be served with a served, tendering to him the fees for one day's
subpoena for the purpose of taking his deposition. attendance and the kilometrage allowed by these
It is sufficient to service him notice of the taking of Rules, except that, when a subpoena is issued by or
his deposition. But, if no subpoena is served on on behalf of the Republic of the Philippines or an
him, he cannot be punished for contempt under officer or agency thereof, the tender need not be
Sec. 9 of this Rule. (Feria) made. The service must be made so as to allow the
witness a reasonable time for preparation and
W HEN ORDER O F COURT NECESSARY travel to the place of attendance. If the subpoena
Express order is necessary for issuance by the clerk is duces tecum, the reasonable cost of producing
of a subpoena duces tecum to a witness for the the books, documents or things demanded shall
taking of his deposition, because the officer before also be tendered.
whom the deposition is taken has no authority to
rule on objections, including a motion to quash. W ITNESS FEES
Witnesses in SC, CA and RTC are entitled to P100
per day, inclusive of travel time. Witnesses before
MTC are allowed P50 per day
of the court in which his case is pending was

Fees to which witnesses may be entitled in a civil obtained.
action shall be allowed on the certification of the
clerk of judge of his appearance.
E. DEPOSITIONS PENDING ACTION
vi. Compelling attendance Sec 1, Rule 23. Depositions pending action,
Sec 8, Rule 21. Compelling attendance. when may be taken.
In case of failure of a witness to attend, the court or By leave of court after jurisdiction has been
judge issuing the subpoena, upon proof of the obtained over any defendant or over property
service thereof and of the failure of the witness, which is the subject of the action, or without such
may issue a warrant to the sheriff of the province, leave after an answer has been served, the
or his deputy, to arrest the witness and bring him testimony of any person, whether a party or not,
before the court or officer where his attendance is may be taken, at the instance of any party, by
required, and the cost of such warrant and seizure deposition upon oral examination or written
of such witness shall be paid by the witness if the interrogatories. The attendance of witnesses
court issuing it shall determine that his failure to may be compelled by the use of a subpoena as
answer the subpoena was willful and without just provided in Rule 21. Depositions shall be taken
excuse. only in accordance with these Rules. The
deposition of a person confined in prison may be
CONSEQUENCE OF FAILURE TO taken only by leave of court on such terms as the
court prescribes.
ATTEND
Court may issue a warrant to the sheriff of province
or his deputy to arrest the witness and bring him PURPO SE O F RULE
before the Court or officer To authorize the taking of a deposition in a
pending action either to make discovery in
preparation for, or to be used as evidence upon
Sec 7, Rule 21. Personal appearance in court.
the trial, of such action
A person present in court before a judicial officer
may be required to testify as if he were in
attendance upon a subpoena is sued by such court W HEN M AY DEPOSITION BE TAKEN
or officer. 1. Pending action under this Rule
2. Before action or pending appeal (Rule 24)
3. Any time after institution of action, even after
vii. Contempt
trial had already been terminated [Jonathan
Sec 9, Rule 21. Contempt. Landoil Intl Co v. Mangudadatu (2004)]
Failure by any person without adequate cause to
obey a subpoena served upon him shall be
LEAVE OF COURT IS NECESSARY
deemed a contempt of the court from which the
BEFO RE ANSW ER
subpoena is issued. If the subpoena was not issued
Why? Because the issues are not yet joined and the
by a court, the disobedience thereto shall be
disputed facts are not clear.
punished in accordance with the applicable law or
Rule.
GRANTING OF DEPOSITIONS
May be granted only in "exceptional" or "unusual"
Sec 10, Rule 21. Exceptions.
cases, where conditions point to the necessity of
The provisions of sections 8 and 9 of this Rule shall
presenting a strong case for allowance of the
not apply to a witness who resides more than one
motion, and the decision is entirely within the
hundred (100) kilometers from his residence to the
discretion of the court.
place where he is to testify by the ordinary course
of travel, or to a detention prisoner if no permission
There must be some "necessity" or "good reason" Unless otherwise ordered by the court as provided
for taking the testimony immediately or that it by Section 16 or 18 of this Rule, the deponent may
would be prejudicial to the party seeking the order be examined regarding any matter, not privileged,
to be compelled to await joinder of issue. which is relevant to the subject of the pending
action, whether relating to the claim or defense of
SOM E INSTANCES W HEN IT SHO ULD any other party, including the existence,
BE GRANTED description, nature, custody, condition, and
1. If the witness is aged or infirm, or about to location of any books, documents, or other
leave the court's jurisdiction, or is only tangible things and the identity and location of
temporarily in the jurisdiction. persons having knowledge of relevant facts.
2. Where facts essential to the plaintiff's cause of
action are wholly within the defendant's SCOPE OF EXAM INATION
knowledge, and discovery by deposition is GENERAL RULE: Deponent may be examined
necessary. regarding ANY matter NOT PRIVILEGED, which is
relevant to the subject
293 Jonathan Landoil Int’l Co. Inc. v Sps.
Mangudadatu EXCEPTION: If otherwise ordered by court as
(August 16, 2004, Panganiban, J.) provided by Sec 16 or 18
Facts: After an RTC decision was rendered and a
writ of execution issued, Jonathan Landoil, which "Fishing expeditions" are allowed so that the
was declared in default, file a motion for new trial. parties are required to lay their cards on the table
This motion was denied. Jonathan Landoil took a in order to facilitate a settlement of the case before
deposition upon oral examination on its witnesses trial and to do away with secrecy and surprises in
to prove that it did not receive a copy of the order the preparation and trial of cases.
denying the motion for New Trial. CA struck out
the deposition because trial had already been Although the scope of examination as a mode of
terminated. discovery is wide, the use of the deposition is
limited by Section 4 of this Rule.
Held: The taking of deposition is proper. The
witnesses of petitioner resided beyond 100km from SCOPE OF DISCOVERY LIBERALLY
the place of hearing. [But petition is denied CONSTRUED
because a motion for new trial is an improper As a general rule, the scope of discovery is to be
remedy] liberally construed so as to provide the litigants
with information essential to the expeditious and
Doctrine: Despite the fact that trial has already proper litigation of each of the facts in dispute.
been terminated, a deposition can still be properly [Fortune Corp v. CA (1994)]
taken. Depositions may be taken at any time after
the institution of an action, whenever necessary or ii. Use of Depositions
convenient. There is no rule that limits deposition- Sec 4, Rule 23. Use of depositions.
taking only to the period of pre-trial or before it; no At the trial or upon the hearing of a motion or an
prohibition against the taking of depositions after interlocutory proceeding, any part or all of a
pre-trial. There can be no valid objection to deposition, so far as admissible under the rules of
allowing them during the process of executing final evidence, may be used against any party who was
and executory judgments, when the material issues present or represented at the taking of the
of fact have become numerous or complicated. deposition or who had due notice thereof, in
accordance with any one of the following
i. Scope of Examination provisions:
Sec 2, Rule 23. Scope of examination. (a) Any deposition may be used by any party for
the purpose of contradicting or impeaching purpose in revealing the facts to the parties before
the testimony of deponent as a witness; trial drops out of the judicial picture. [Fortune Corp
(b) The deposition of a party or of any one who at v. CA (1994)]
the time of taking the deposition was an
officer, director, or managing agent of a public The availability of the proposed deponent to testify
or private corporation, partnership, or in court does not constitute "good cause" to justify
association which is a party may be used by an the court's order that his deposition shall not be
adverse party for any purpose; taken. That the witness is unable to attend or testify
(c) The deposition of a witness, whether or not a is one of the grounds when the deposition of a
party, may be used by any party for any witness may be used in court during the trial. But
purpose if the court finds: the same reason cannot be successfully invoked to
(1) That the witness is dead; or prohibit the taking of his deposition. [ibid]
(2) That the witness resides at a distance
more than one hundred (100) kilometers USE O F DEPO SITIO NS AT TRIAL
from the place of trial or hearing, or is out Depositions are principally made available by law
of the Philippines, unless it appears that to the parties as a means of informing themselves
his absence was procured by the party of all the relevant facts; they are not therefore
offering the deposition; or generally meant to be a substitute for the actual
(3) That the witness is unable to attend or testimony in open court of a party or witness. The
testify because of age, sickness, infirmity, deponent must as a rule be presented for oral
or imprisonment; or examination in open court at the trial or hearing.
(4) That the party offering the deposition has [San Luis v. Judge Rojas (2008)]
been unable to procure the attendance of
the witness by subpoena; or It may be used in all cases by any party for
(5) Upon application and notice, that such impeachment purposes. However, before the
exceptional circumstances exist as to witness testifying in court may be impeached, the
make is desirable, in the interest of justice predicate must be properly laid in accordance with
and with due regard to the importance of Sec. 13 of Rule 132.
presenting the testimony of witnesses
orally in open court, to allow the It is not to be used in trial when the deponent is at
deposition to be used; and hand.
(d) If only part of a deposition is offered in
evidence by a party, the adverse party may USE AT THE HEARING O F A M O TIO N
require him to introduce all of it which is May be used as evidence on motions under Sec. 7
relevant to the part introduced, and any party of Rule 133. May also be used as bases for a
may introduce any other parts. summary judgment under Rule 35.
TAKING O F DEPO SITIO NS AND USE USE AT THE HEARING OF AN

OF DEPOSITIONS INTERLO CUTO RY PRO CEEDING
The right to take statements and the right to use May be used at the hearing of the application of a
them in court have been kept entirely distinct. The DEF for an order to discharge a preliminary
utmost freedom is allowed in taking depositions; attachment on the ground that the same was
restrictions are imposed upon their use. As a result, improperly or irregularly issued
there is accorded the widest possible opportunity
for knowledge by both parties of all the facts USE O F DEPO SITIO NS FO R ANY
before the trial. Such of this testimony as may be
PURPO SE
appropriate for use as a substitute for viva voce
Deposition of a witness, whether a party or not,
examination may be introduced at the trial; the
may be used by any party for any purpose under
remainder of the testimony, having served its
the circumstances in subsection (c) of Rule 23 contradicting or impeaching the deponent makes
[Illustrated in Dasmariñas Garments v. Reyes (1993)] the deponent the witness of the party introducing
the deposition, but this shall not apply to the use
Deposition of a witness is admissible if he resides by an adverse party of a deposition as described in
more than 100 km. From the place of trial or paragraph (b) of Section 4 of this Rule.
hearing. The former requirement that he resides
out of the province was eliminated. If he resides The exception made regarding the use of the
within 100 km, he is bound to attend in compliance deposition of an adverse party is similar to the Rule
with a subpoena of Evidence that a party may call an adverse party
and interrogate him by leading questions and
HOW DEPOSITION IS OFFERED AS contradict and impeach him in all aspects as if he
EVIDENCE had been called by the adverse party.
Deposition should be read if objections have been
or will be made to the competency, relevancy or Sec 5, Rule 23. Effect of substitution of
materiality of testimony therein, so that the court parties.
may rule on them during the trial and thus enable Substitution of parties does not affect the right to
the parties to meet the situation, should the ruling use depositions previously taken; and when an
be adverse, by other evidence. action has been dismissed and another action
involving the same subject is afterward brought
iii. Examination and Cross-Examination between the same parties or their representatives
Sec 3, Rule 23. Examination and cross- or successors in interest, all depositions lawfully
examination. taken and duly filed in the former action may be
Examination and cross-examination of deponents used in the latter as if originally taken therefor.
may proceed as permitted at the trial under
Sections 3 to 18 of Rule 132. Sec 6, Rule 23. Objections to admissibility.
Subject to the provisions of Section 29 of this Rule,
iv. Effect of Taking Depositions objection may be made at the trial or hearing to
receiving evidence any deposition or part thereof
Sec 7, Rule 23. Effect of taking depositions.
for any reason which would require the exclusion of
A party shall not be deemed to make a person his
the evidence if the witness were then present and
own witness for any purpose by taking his
testifying.
deposition.
ADM ISSIBILITY AND PRO BATIVE VALUE

REASO N FO R THE RULE
Depositions may be taken for discovery and not for OF DEPOSITIONS
use as evidence. Admissibility of the deposition does not preclude
the determination of its probative value at the
However, under the next section, if a party offers appropriate time.
the deposition in evidence, then he is deemed to
have made the deponent his witness, unless the Admissibility of evidence should NOT be equated
deposition is that of an adverse party, and unless, with weight of evidence.
of course, the deposition is used for contradicting
the deponent. Admissibility of evidence depends on its relevance
and competence; Weight of evidence pertains to
evidence already admitted and its tendency to
v. Effect of Using Depositions convince and persuade.
Sec 8, Rule 23. Effect of using depositions.
The introduction in evidence of the deposition or Sec 9, Rule 23. Rebutting deposition.
any part thereof for any purpose other than that of At the trial or hearing, any party may rebut any
relevant evidence contained in a deposition 2. Outside the Philippines

whether Ied by him or by any other party. a. On notice, before a secretary of embassy
legation, consul general, consul, vice-
This section allows a party to rebut that part of the consul, or consular agent of the Republic
deposition not offered by him in evidence, by other of the Philippines
evidence, or by prior inconsistent statements. Of b. Such person or officer as may be
course, in the last case, the predicate must first be appointed by commission or under letters
laid in accordance with Sec 13 of Rule 132. rogatory
c. Persons authorized to administer oaths, if
vi. Persons Before Whom Depositions parties so stipulate (Person referred to in
Section 14)
may be Taken
Sec 10, Rule 23. Persons before whom
M ATTERS ALLOW ED TO BE
depositions may be taken within the
STIPULATED UNDER SEC 14
Philippines.
1. Person authorized to administer oaths
Within the Philippines, depositions may be taken
2. Time and Place
before any judge, notary public or the person
3. That the Q&As to be taken down directly on a
referred to in Section 14 hereof.
typewriter, computer or in handwriting
Deposition may also be taken before any other

W HAT M AY NOT BE STIPULATED
person authorized to administer oaths who the
• The manner of taking depositions
parties have agreed upon in writing. This also
applies to depositions taken in foreign countries.
vii. Commission or Letters rogatory
Sec 11, Rule 23. Persons before whom Sec 12, Rule 23. Commission or letters
depositions may be taken in foreign countries. rogatory.
In a foreign state or country, depositions may be A commission or letters rogatory shall be issued
only when necessary or convenient, on application
taken (a) on notice before a secretary of embassy or
and notice, and on such terms and with such
legation, consul general, consul, vice-consul, or
direction as are just and appropriate. Officers may
consular agent of the Republic of the Philippines;
be designated by name or descriptive title and
(b) before such person or officer as may be letters rogatory may be addressed to the
appointed by commission or under letters rogatory; appropriate judicial authority in the foreign country.
or (c) the person referred to in Section 14 hereof.
COM M ISSION DEFINED
Sec 14, Rule 23. Stipulations regarding the An instrument issued by a court of justice, or other
taking of depositions. competent tribunal, to authorize a person to take
If the parties so stipulate in writing, depositions depositions, or to do any other act by authority of
may be taken before any person authorized to such court or tribunal. (Dasmariñas Garments v.
administer oaths, at any time or place, in Reyes, 1993)
accordance with these Rules, and when so taken
may be used like other depositions. LETTERS ROGATORY DEFINED
An instrument sent in the name and by the
W HO M AY TAKE DEPOSITIONS authority of a judge or court to another, requesting
1. Within the Philippines the latter to cause to be examined, upon
a. Judge interrogatories filed in a case pending before the
b. Notary Public former, a witness who is within the jurisdiction of
c. Persons authorized to administer oaths, if the judge or court to whom such letters are
parties so stipulate (Sec 14) addressed.
This is similar to the provisions on disqualifications

COM M ISSIONS AND LETTERS of judges wherein the degree of relationship is
RO GATO RY DISTINGUISHED "computed according to the rules of the civil law."
COMMISSIONS LETTERS See Sec. 29 (b) of this Rule.
ROGATORY
Directives to officials of Requests to foreign ix. Deposition upon oral examination
the issuing jurisdiction tribunals Sec 15, Rule 23. Deposition upon oral
Taken in accordance with Methods of procedure examination; notice; time and place
the rules laid down by the are under the control A party desiring to take the deposition of any
court issuing the of the foreign tribunal person upon oral examination shall give reasonable
commission notice in writing to every other party to the action.
The notice shall state the time and place for taking
294 Dasmariñas Garments, Inc. v. Reyes the deposition and the name and address of each
(August 24, 1993, Narvasa, J.) person to be examined, if known, and if the name
Facts: American President Lines wanted to take the is not known, a general description sufficient to
depositions of its Taiwanese witnesses in Taipei, identify him or the particular class or group to
Taiwan, involving a money claim against which he belongs. On motion of any party upon
Dasmariñas Garments. TC commissioned Asian whom the notice is served, the court may for cause
Exchange Center, Inc, a private entity and the only shown enlarge or shorten the time.
Philippine Representative in Taiwan, to take the
deposition, but only upon written interrogatories. If a party cannot attend the taking of the
Dasmariñas opposed this deposition because it will deposition at the time designated in the notice, he
be done by a private entity not authorized by law. may move the court to set another date. [See Sec.
29(a) of this Rule]
Held: Asian Exchange Center may conduct the
deposition because the RTC issued a commission SUBPOENA FOR DEPO SITIO N-TAKING
to it. Section 5, Rule 21 states that proof of service of a
notice to take deposition shall constitute sufficient
Doctrine: Where the deposition is to be taken in a authorization for the clerk of court of the place in
foreign country where the Philippines has no which deposition is to be taken to issue a
“secretary or embassy or legation, consul general, subpoena for the person named in said notice
consul, vice-consul, or consular agent,” then it
obviously may be taken only “before such person FORM AL DEFECTS AND
or officer as may be appointed by commission or IRREGULARITIES NO T AFFECTING
under letters rogatory.” RIGHT O F ADVERSE PARTY ARE
DISREGARDED
viii. Disqualification by Interest An exception to the general rule that provisions of
Sec 13, Rule 23. Disqualification by interest. the statute must be strictly complied with
No deposition shall be taken before a person who
is a relative within the sixth degree of consaguinity REASO NABLE NO TICE
or affinity, or employee or counsel of any of the The circumstance that none of the lawyers of the
parties; or who is a relative within the same degree, firm representing the plaintiff were present at the
or employee of such counsel; or who is financially taking of the deposition, whether for good reason
interested in the action. or for none, did not make the deposition
inadmissible, and notice having been properly
given, it was the duty of the attorneys of the
plaintiff either to have someone present or to let it
be read without cross-examination by them. [Lim Good cause means a substantial reason – one that
Cuan Sy v. Northern Assurance, 1930] affords a legal excuse. Whether or not substantial
reason exists is for the court to determine, as there
Sec 16, Rule 23. Orders for the protection of is no hard and fast rule for determining the
parties and deponents. -- question as to what is meant by the term “for good
After notice is served for taking a deposition by cause shown”. [ibid]
oral examination, upon motion seasonably made
by any party or by the person to be examined and 292 Fortune Corp. v CA
for good cause shown, the court in which the action
(January 19, 1994, Regalado, J.)
is pending may make an order that the deposition
Facts: Fortune served on defendant a notice to take
shall not be taken, or that it may be taken only at
deposition upon oral examination. The Trial Court
some designated place other than that stated in
issued an order saying that the requested
the notice, or that it may be taken only on written
deposition shall not be taken because the
interrogatories, or that certain matters shall not be
deponent already earlier responded to the written
inquired into, or that the scope of the examination
interrogatories of Fortune and signified his
shall be held with no one present except the
availability to testify in Court.
parties to the action and their officers or counsel, or
that after being sealed the deposition shall be
Held: The deposition upon oral examination may
opened only by order of the court, or that secret
still be had. RESP failed to sufficiently establish that
processes, developments, or research need not be
there is good cause to support the order of the trial
disclosed, or that the parties shall simultaneously
court that the deposition shall not be taken.
file specified documents or information enclosed in
sealed envelopes to be opened as directed by the
Doctrine: Section 16 clearly states that it is only
court; or the court may make any other order which
upon notice and for good cause shown that the
justice requires to protect the party or witness from
court may order that the deposition shall not be
annoyance, embarrassment, or oppression.
taken. (1) The fact that the party has resorted to a
particular method of discovery will not bar
Under this rule, a deposition may NOT be taken
subsequent use of other discovery devices, as long
ONLY upon: (1) Notice and (2) for good cause.
as the party is not attempting to circumvent a
ruling of the court, or to harass or oppress the
REQ UIREM ENTS FOR ISSUANCE OF other party. (2) The availability of the proposed
ORDERS TO PROTECT THE PARTY O R deponent to testify in court does not constitute
W ITNESS [Fortune Corporation v. CA] “good cause”. (3) The fact that the court could not
1. There is a motion made by any party or by the observe the behavior of the deponent does not
person to be examined justify the denial of the right to take deposition. (4)
2. The motion has been seasonably filed Absent proof, the allegation that petitioner merely
3. There is good cause shown intended to annoy, harass or oppress the proposed
4. Notice of such motion has been served to the deponent cannot ably support the setting aside of
other party a notice to take deposition.
BURDEN O F PRO O F Moreover, it cannot be disputed that the various

Once a party has requested discovery, the burden modes of discovery are intended to be
is on the party objecting to show that the discovery CUMULATIVE, as opposed to alternative or
requested is not relevant to the issues, and to mutually exclusive.
establish the existence of any claimed privilege
[ibid] Sec 17, Rule 23. Record of Examination; Oath;
Objections. --
W HAT IS “GOO D CAUSE” The officer before whom the deposition is to be
taken shall put the witness on oath and shall reasonable.

personally, or by some one acting under his
direction and in his presence, record the testimony
of the witness. The testimony shall be taken
stenographically unless the parties agree otherwise. SECTION 16 v. SECTION 18
All objections made at the time of the examination SECTION 16 SECTION 18
to the qualifications of the officer taking the Provides protection to Provides protection
deposition, or to the manner of taking it, or to the the party or witness during the taking of
evidence presented, or to the conduct of any party, before the taking of deposition
and any other objection to the proceedings, shall deposition
be noted by the officer upon the deposition. Motion is filed with the Motion or petition in
Evidence objected to shall be taken subject to the court where action is may be filed where the
objections. In lieu of participating in the oral pending action is pending or in
examination, parties served with notice of taking a the RTC where the
deposition may transmit written interrogatories to deposition is being
the officers, who shall propound them to the taken
witness and record the answers verbatim.
GENERAL RULE: Objection to a question in a
The officer before whom the deposition is taken deposition claimed to be immaterial or irrelevant
has no authority to decide questions regarding cannot prevent a witness from answering the
admissibility of the evidence. Evidence objected to question because the relevancy can only be
shall be taken subject to the objection, which will decided upon trial when the deposition is
be ruled upon by the court when the deposition is introduced as evidence.
offered in evidence (Feria).
EXCEPTION: When the questions are annoying,
Sec 18, Rule 23. Motion to terminate or limit embarrassing, or oppressive to the deponent (sec.
18, Rule 23), in which case the matter may be
examination. --
submitted to the trial judge for a ruling, or when
At any time during the taking of the deposition, on
the right against self-incrimination is invoked (Sec.
motion or petition of any party or of the deponent
3, Rule 132) (Feria).
and upon a showing that the examination is being
conducted in bad faith or in such manner as
unreasonably to annoy, embarrass, or oppress the Sec 20, Rule 23. Certification and Filing by
deponent or party, the court in which the action is Officer. --
pending or the Regional Trial Court of the place The officer shall certify on the deposition that the
where the deposition is being taken may order the witness was duly sworn to by him and that the
officer conducting the examination to cease deposition is a true record of the testimony given
forthwith from taking the deposition, or may limit by the witness. He shall then securely seal the
the scope and manner of the taking of the deposition in an envelope indorsed with the title of
deposition, as provided in section 16 of this Rule. If the action and marked "Deposition of (here insert
the order made terminates the examination, it shall the name of witness)" and shall promptly file it with
be resumed thereafter only upon the order of the the court in which the action is pending or send it
court in which the action is pending. Upon demand by registered mail to the clerk thereof for filing.
of the objecting party or deponent, the taking of
the deposition shall be suspended for the time Sec 21, Rule 23. Notice of Filing. --
necessary to make a notice for an order. In granting The officer taking the deposition shall give prompt
or refusing such order, the court may impose upon notice of its filing to all the parties.
either party or upon the witness the requirement to
pay such costs or expenses as the court may deem EFFECT O F FAILURE TO GIVE NOTICE
A mere defect in form which cannot affect A party desiring to take the deposition of any
admissibility of the depositions (PNB v. Olila) person upon written interrogatories shall serve
them upon every other party with a notice stating
Sec 22, Rule 23. Furnishing Copies. -- the name and address of the person who is to
Upon payment of reasonable charges therefor, the answer them and the name or descriptive title and
officer shall furnish a copy of the deposition to any address of the officer before whom the deposition
party or to the deponent. is to be taken. Within ten (10) days thereafter, a
party so served may serve cross-interrogatories
Sec 23, Rule 23. Failure to attend of party upon the party proposing to take the deposition.
giving notice. -- Within five (5) days thereafter, the latter may serve
re-direct interrogatories upon a party who has
If the party giving the notice of the taking of a
served cross- interrogatories. Within three (3) days
deposition fails to attend and proceed therewith
after being served with re-direct interrogatories, a
and another attends in person or by counsel
party may serve recross-interrogatories upon the
pursuant to the notice, the court may order the
party proposing to take the deposition.
party giving the notice to pay such other party the
amount of the reasonable expenses incurred by
him and his counsel in so attending, including This mode of deposition is available if the
reasonable attorney’s fees. deponent is in a distant place or foreign country
(Feria)
Notice under this section, unlike in sec. 15, need
EFFECT O F FAILURE O F PARTY GIVEN
not state the time and place for the taking of the
NOTICE TO ATTEND
deposition, because the presence of the parties is
Court may, on motion and notice, strike out all or
not necessary (Feria)
any part of the pleading of that party, or dismiss
the action or proceeding against any party thereof,
Sec 26, Rule 23. Officers to take responses
or enter a judgment by default against that party
and, in its discretion, order him to pay reasonable
and prepare record. --
expenses incurred by the other, incl. atty’s fees. A copy of the notice and copies of all
(Sec. 5, Rule 29). interrogatories served shall be delivered by the
party taking the deposition to the officer
designated in the notice, who shall proceed
Sec 24, Rule 23. Failure of party giving notice
promptly, in the manner provided by sections 17,
to serve subpoena. --
19 and 20 of this Rule, to take the testimony of the
If the party giving the notice of the taking of a
witness in response to the interrogatories and to
deposition of a witness fails to serve a subpoena
prepare, certify, and file or mail the deposition,
upon him and the witness because of such failure
attaching thereto the copy of the notice and the
does not attend, and if another party attends in
interrogatories received by him.
person or by counsel because he expects the
deposition of that witness to be taken, the court
Sec 27, Rule 23. Notice of filing and furnishing
may order the party giving the notice to pay to
such other party the amount of the reasonable copies. --
expenses incurred by him and his counsel in so When a deposition upon interrogatories is filed, the
attending, including reasonable attorney’s fees. officer taking it shall promptly give notice thereof
to all the parties, and may furnish copies to them or
to the deponent upon payment of reasonable
x. Depositions upon written
charges therefor.
interrogatories
Sec 25, Rule 23. Deposition upon written xi. Orders for the protection of parties
interrogatories; service of notice and of
and deponents
interrogatories --
Sec 28, Rule 23. Orders for the protection of Good cause means a substantial reason – one that
parties and deponents -- affords a legal excuse. Whether or not substantial
After the service of the interrogatories and prior to reason exists is for the court to determine, as there
the taking of the testimony of the deponent, the is no hard and fast rule for determining the
court in which the action is pending, on motion question as to what is meant by the term “for good
promptly made by a party or a deponent, and for cause shown”. [Fortune Corp v. CA (1994)]
good cause shown, may make any order specified
in sections 15, 16 and 18 of this Rule which is xii. Submission to Witness, Changes to
appropriate and just or an order that the deposition and signing of deposition
shall not be taken before the officer designated in Sec 19, Rule 23. Submission to Witness;
the notice or that it shall not be taken except upon
changes; signing. --
oral examination.
When the testimony is fully transcribed, the
deposition shall be submitted to the witness for
Sec 16, Rule 23. Orders for the protection of examination and shall be read to or by him, unless
parties and deponents. -- such examination and reading are waived by the
After notice is served for taking a deposition by witness and by the parties. Any changes in form or
oral examination, upon motion seasonably made substance which the witness desires to make shall
by any party or by the person to be examined and be entered upon the deposition by the officer with
for good cause shown, the court in which the action a statement of the reasons given by the witness for
is pending may make an order that the deposition making them. The deposition shall then be signed
shall not be taken, or that it may be taken only at by the witness, unless the parties by stipulation
some designated place other than that stated in waive the signing or the witness is ill or cannot be
the notice, or that it may be taken only on written found or refuses to sign. If the deposition is not
interrogatories, or that certain matters shall not be signed by the witness, the officer shall sign it and
inquired into, or that the scope of the examination state on the record the fact of the waiver or of the
shall be held with no one present except the illness or absence of the witness or the fact of the
parties to the action and their officers or counsel, or refusal to sign together with the reason given
that after being sealed the deposition shall be therefor, if any, and the deposition may then be
opened only by order of the court, or that secret used as fully as though signed, unless on a motion
processes, developments, or research need not be to suppress under section 29 (f) of this Rule, the
disclosed, or that the parties shall simultaneously court holds that the reasons given for the refusal to
file specified documents or information enclosed in sign require rejection of the deposition in whole or
sealed envelopes to be opened as directed by the in part.
court; or the court may make any other order which
justice requires to protect the party or witness from Refusal of the witness to sign the deposition may
annoyance, embarrassment, or oppression. be ground to reject the deposition in whole or in
part upon motion to suppress under sec. 29 (f),
Once a party has requested discovery, the burden Rule 23 (Feria).
is on the party objecting to show that the discovery xiii. Effects of errors and irregularities
requested is not relevant to the issues, and to
in depositions
establish the existence of any claimed privilege
(Fortune Corporation v. CA).
Sec 29, Rule 23. Effects of errors and
irregularities in depositions --
Under this rule, a deposition may NOT be taken (a) As to notice.- All errors and irregularities in the
ONLY upon: (1) Notice and (2) for good cause. notice for taking a deposition are waived unless
written objection is promptly served upon the party
WHAT IS “GOOD CAUSE” giving the notice.
(b) As to disqualification of officer.- Objection to (Mar. 3, 2008, Austria-Martinez)

taking a deposition because of disqualification of Facts:
the officer before whom it is to be taken is waived
unless made before the taking of the deposition Held:
begins or as soon thereafter as the disqualification
becomes known or could be discovered with Doctrine:
reasonable diligence.
296 Hyatt Industrial v. Ley Construction
(c) As to competency or relevancy of evidence.- (March 10, 2006)
Objections to the competency of a witness or the Facts:
competency, relevancy, or materiality of testimony
are not waived by failure to make them before or Held:
during the taking of the deposition, unless the
ground of the objection is one which might have Doctrine:
been obviated or removed if presented at that
time.
297 Northwest Airlines v. Cruz
(November 3, 1999)
(d) As to oral examination and other particulars.-
Facts:
Errors and irregularities occurring at the oral
examination in the manner of taking the
Held:
deposition, in the form of the questions or answers,
in the oath or affirmation, or in the conduct of the
Doctrine:
parties and errors of any kind which might be
obviated, removed, or cured if promptly
prosecuted, are waived unless reasonable
298 Republic v. Sandiganbayan (4th Division)
(December 13, 2011)
objection thereto is made at the taking of the
deposition. Facts:
(e) As to form of written interrogatories.- Held:

Objections to the form of written interrogatories
submitted under sections 25 and 26 of this Rule are Doctrine:
waived unless served in writing upon the party
propounding them within the time allowed for Sec 47, Rule 130 – The testimony or deposition of a
serving succeeding cross or other interrogatories witness deceased or unable to testify, given in a
and within three (3) days after service of the last former case or proceeding, judicial or
interrogatories authorized. administrative, involving the SAME PARTIES AND
SUBJECT MATTER, may be given in evidence
(f) As to manner of preparation.- Errors and against the adverse party who had the opportunity
irregularities in the manner in which the testimony to cross-examine him.
is transcribed or the deposition is prepared, signed,
certified, sealed, indorsed, transmitted, filed, or 299 Vda de. Manguerra v. Risos
otherwise dealt with by the officer under sections (August 28, 2008)
17, 19, 20 and 26 of this Rule are waived unless a Facts:
motion to suppress the deposition or some part
thereof is made with reasonable promptness after Held:
such defect is, or with due diligence might have
been, ascertained. Doctrine:
295 San Luis v. Judge Rojas 300 Go v. People

(July 18, 2012) for the purpose of perpetuating their testimony.

Facts:
Sec 3, Rule 24. Notice and Service.
Held: The petitioner shall serve a notice upon each
person named in the petition as an expected
Doctrine: adverse party, together with a copy of the petition,
stating that the petitioner will apply to the court, at
a time and place named therein, for the order
F. DEPOSITIONS BEFORE ACTION
described in the petition. At least twenty (20) days
OR PENDING APPEAL before the date of the hearing, the court shall
Sec 1, Rule 24. Depositions Before action; cause notice thereof to be served on the parties
petition. and prospective deponents in the manner provided
A person who desires to perpetuate his own for service of summons.
testimony or that of another person regarding any
matter that may be cognizable in any court of the Sec 4, Rule 24. Order and Examination.
Philippines may file a verified petition in the court If the court is satisfied that the perpetuation of the
of the place of the residence of any expected testimony may prevent a failure or delay of justice,
adverse party. it shall make an order designating or describing the
persons whose deposition may be taken and
SECTION 1 v. SECTIO N 7 specifying the subject matter of the examination
SECTION 1 SECTION 7 and whether the depositions shall be taken upon
Procedure for Procedure in oral examination or written interrogatories. The
perpetuating testimony perpetuating testimony depositions may be taken in accordance with Rule
of witnesses prior to the after judgment in the 23 before the hearing.
filing of the case and in RTC and before it has
anticipation thereof become executory or Sec 5, Rule 24.Reference to court.
during the pendency of For the purpose of applying Rule 23 to depositions
an appeal thereon for perpetuating testimony, each reference therein
May not be availed of in Available in all actions, to the court in which the action is pending shall be
criminal cases including criminal cases deemed to refer to the court in which the petition
for such deposition was filed.
Sec 2, Rule 24. Contents of petition.
The petition shall be entitled in the name of the Sec 6, Rule 24. Use of Deposition.
petitioner and shall show: (a) that the petitioner If a deposition to perpetuate testimony is taken
expects to be a party to an action in a court of the under this Rule, or if, although not so taken, it
Philippines but is presently unable to bring it or would be admissible in evidence, it may be used in
cause it to be brought; (b) the subject matter of the any action involving the same subject matter sub-
expected action and his interest therein; (c) the sequently brought in accordance with the
facts which he desires to establish by the proposed provisions of sections 4 and 5 of Rule 23.
testimony and his reasons for desiring to
perpetuate it; (d) the names or a description of the Although there is no local jurisprudence on the
persons he expects will be adverse parties and their matter, it is also submitted that depositions in
addresses so far as known; and (e) the names and perpetuam rei memoriam under this Rule, just like
addresses of the persons to be examined and the any other depositions, are taken conditionally and
substance of the testimony which he expects to to be used at the trial or proceeding ONLY in case
elicit from each, and shall ask for an order the deponent is not available. This view appears to
authorizing the petitioner to take the depositions of be sustained by the fact that under Sec.6 of this
the persons to be examined named in the petition rule, depositions in perpetuam rei memoriam may
be used in the action in accordance with the

provisions of Secs. 4 and 5 of Rule 23 w/c provide WRITTEN INTERROGATORIES
inter alia for situations wherein the deponent Sec 1, Rule 25. Interrogatories to parties;
cannot testify as a witness during the trial.
service thereof— Under the same conditions
specified in section 1 of Rule 23, any party
Sec 7, Rule 24. Depositions Pending Appeal. desiring to elicit material and relevant facts from
If an appeal has been taken from a judgment of a any adverse parties shall file and serve upon the
court, including the Court of Appeals in proper latter written interrogatories to be answered by
cases, or before the taking of an appeal if the time the party served or, if the party served is a
therefor has not expired, the court in which the public or private corporation or a
judgment was rendered may allow the taking of partnership or association, by any officer
depositions of witnesses to perpetuate their thereof competent to testify in its behalf.
testimony for in the event of further proceedings in
the said court. In such case the party who desires to
PURPO SE
perpetuate the testimony may make a motion in
To elicit facts from any adverse party which may
the said court for leave to take the depositions,
also be used as admissions of the adverse party
upon the same notice and service thereof as if the
To obtain admissions and thus limit subjects of
action was pending therein. The motion shall state
controversy at trial and avoid unnecessary
(a) the names and addresses of the persons to be
testimony and waste of time in preparation
examined and the substance of the testimony
which he expects to elicit from each, and (b) the
To provide ample facilities for discovery of facts
reason for perpetuating their testimony. If the court
before trial so that surprise at the trial and possible
finds that the perpetuation of the testimony is
miscarriage of justice might be avoided
proper to avoid a failure or delay of justice, it may
make an order allowing the deposition to be taken,
DISTINGUISHED FRO M BILL OF
and thereupon the depositions may be taken and
used in the same manner and under the same PARTICULARS
conditions as are prescribed in these Rules for Bill: a party may properly seek disclosure of only
depositions taken in pending actions. (7a, R134 matters which define the issues and become a part
of the pleadings

DEPO SITIO NS NO T BY THEM SELVES
Interrogatories: a party may properly seek
CONCLUSIVE PROOF
disclosure of matters of proof, which may later be
Depositions taken under this Rule do not prove the
made a part of the records as evidence
existence of any right and the testimony therein
perpetuated is not in itself conclusive proof, either
DISTINGUISHED FRO M DEPO SITIO N
of the existence of any right nor even of the facts to
which they relate, as it can be controverted at the
BY W RITTEN INTERRO GATO RIES
Under Sec. 25 and 26 Rule 23: all written
trial in the same manner as though no perpetuation
interrogatories are delivered by the party taking the
of testimony was ever had (Alonso et al vs
deposition to the officer who will take the
Lagdameo).
testimony of the witness in response to the
However, in the absence of any objective to the interrogatories
taking thereof and even if the deponent did not
testify at the hearing of the case, the perpetuated Under this rule: written interrogatories are
testimony constitutes prima facie proof of the facts delivered directly to the adverse party who shall
referred to in his deposition. (Rey v. Morales) answer them
OBJECTIONS TO INTERROGATORIES
G. INTERROGATORIES TO PARTIES
Sec 3, Rule 25. Objection to interrogatories — both of them, to pay the examining
Objections to any interrogatories may be party the amount of the reasonable
presented to the court within ten (10) days expenses incurred in obtaining the
after service thereof, with notice as in case of order including reasonable atty’s
a motion; and answers shall be deferred until fees.
the objections are resolved, which shall be at as c. If the application is denied & court
early a time as is practicable. finds that it was made without
substantial justification, it shall
ANSWER TO INTERROGATORIES require the examining party or his
atty or both of them to pay the
Sec 2, Rule 25. Request for admission— The
refusing party the amount of
interrogatories shall be answered fully in writing
reasonable expenses incurred in
and shall be signed and sworn to by the person
opposing the application, including
making them. The party upon whom the
reasonable atty’s fees
interrogatories have been served shall file and
serve a copy of the answers on the party
2) If a party or other witness refuse to be
submitting the interrogatories within fifteen (15)
sworn or refuses to answer any question
days after service thereof unless the court on
after being directed to do so by the court
motion and for good cause shown, extends or
of the place in which the deposition is
shortens the time.
being taken, the refusal may be considered
a contempt of that court
• Fully in writing
• Signed and sworn to by the person making
3) If a party refuses to answer designated
them
questions after being ordered by the court
• Filed in court and serve a copy to the party
to do so, the court may issue an order
submitting the interrogatories within 15
a. That the matters regarding which
days after service thereof, unless the court,
questions are asked shall be taken
on motion and for good cause shown,
to be established for the purpose
extends or shortens the time
of the action in accordance with
the claim of the party obtaining the
PRO CEDURE AND CO NSEQ UENCES IF order
PARTY REFUSES TO ANSW ER b. Refusing to allow the disobedient
(The foregoing provisions refer to a situation where party to support or oppose
a particular question in a set of written designated claims or defenses
interrogatories served upon a party is concerned, c. Striking out pleadings or parts
but where the whole set of written interrogatories is thereof or staying further
ignored and none of the questions is answered, the proceedings until the order is
sanction is found in Sec.5 Rule 29) obeyed, or dismissing the action or
1) Proponent may apply to the court for an proceeding or any part thereof, or
order compelling an answer rendering a judgment by default
a. If granted, court shall require the against the disobedient party
refusing party or deponent to d. In lieu of any of the foregoing
answer the question or orders or in addition thereto,
interrogatory directing the arrest of any party or
b. If court also finds that the refusal agent of a party for disobeying any
was without substantial of such orders
justification, it may further require
the refusing party or deponent or NUMBER OF INTERROGATORIES
the atty advising the refusal, or Sec 4, Rule 25. Number of interrogatories—
No party may, without leave of court, serve

more than one set of interrogatories to be Doctrine:
answered by the same party.
302 Dela Torre v. Pepsi Cola Products
SCOPE AND USE OF INTERROGATORIES (July 18, 2012)
Sec 5, Rule 25. Scope and use of Facts:
interrogatories— Interrogatories may relate to
any matters that can be inquired into under section Held:
2 of Rule 23, and the answers may be used for the
same purposes provided in section 4 of the same Doctrine:
Rule
303 Producers Bank v. CA
In as much as the answers to interrogatories may (January 29, 1998)
be used for the same purposes as depositions, they Facts:
may also be the basis of a summary judgment
under Rule 35 Held:
May cover as broad a field of inquiry as when the Doctrine:

interrogated party is called as a witness to testify
orally at trial 304 Sps Afulugencia v. Metrobank
(February 4, 2014)
The disclosure sought is not limited to material Facts:
or ultimate facts, but extends to all facts,
whether ultimate or evidentiary, which are relevant, Held:
except matters which are privileged
Doctrine:
EFFECT OF FAILURE TO SERVE WRITTEN
INTERROGATORIES H. ADMISSION BY ADVERSE PARTY
Sec 6, Rule 25. Effect of failure to serve i. Request for Admission
written interrogatories— Unless thereafter Sec 1, Rule 26. Request for admission—At any
allowed by the court for good cause shown and to time after issues have been joined, a party may file
prevent a failure of justice, a party not served and serve upon any other party a written request
with written interrogatories may not be for the admission by the latter of the genuineness
compelled by the adverse party to give
of any material and relevant document
testimony in open court, or to give a
described in and exhibited with the request or of
deposition pending appeal
the truth of any material and relevant
matter of fact set forth in the request. Copies of
Although recourse to discovery procedures is not the documents shall be delivered with the request
mandatory, this provision seeks to impose a unless copies have already been furnished.
sanction on the failure to serve written
interrogatories
PURPO SE O F THE RULE
• Expedite trial
301 Republic v. Sandiganbayan
• Relieve parties of cost and labor of proving
(November 21, 1991)
facts which will not be disputed on the trial
Facts:
and the truth of which can be ascertained
by reasonable inquiry.
Held:
W HAT REQ UEST M AY INLCUDE a) he may file a sworn statement denying

1. Admission of the genuineness of any specifically the matter of which an admission is
material and relevant document described requested; or,
in and exhibited with the request b) he may file a sworn statement setting forth in
a. Document must be described in detail the reasons why he cannot truthfully either
and exhibited with the request admit or deny the matters of which an admission is
(copies delivered with the request requested
unless copies have already been
furnished the other party) NO IM PLIED ADM ISSION UNLESS
2. Admission of the truth of any material and REQ UEST FO R ADM ISSIO N IS SERVED
relevant matter of fact set forth in the ON THE PARTY
request. Request must be served directly upon the party so
a. Matters of fact not related to any that upon failure to answer such he may be
document deemed to have impliedly admitted the maters set
forth therein
ii. Implied Admission
Sec 2, Rule 26. Implied admission – Each of the REQ UEST FO R ADM ISSIO N M UST BE
matters of which an admission is requested shall be SENT TO THE ADVERSE PARTY, NOT
deemed admitted unless, within a period HIS COUNSEL, BUT THE REPLY M AY BE
designated in the request, which shall not be less
M ADE BY THE COUNSEL
than 15 days after service thereof, or within such
Rule should not be restrictively construed to mean
further time as the court may allow on motion, the
that a party may not engage the services of counsel
party to whom the request is directed files and
to make the response in his behalf
serves upon the party requesting the admission a
sworn statement either denying specifically the
matters of which an admission is requested or
REPLY TO REQ UEST FO R ADM ISSIO N
setting forth in detail the reasons why he cannot M UST BE M ADE UNDER O ATH.
truthfully either admit or deny those matters. EXCEPTIO N: This is only a procedural not
substantive defect and may be dispensed with if
Objections to any request for admission shall be the circumstances call for the dispensing of the rule
submitted to the court by the party requested in the interest of justice such as when the matters
within the period for and prior to the filing of his set forth therein were already controverted in
sworn statement as contemplated in the preceding previous pleadings
paragraph and his compliance therewith shall be
deferred until such objections are resolved, which A REQ UEST FO R ADM ISSIO N IS NO T A
resolution shall be made as early as practicable. M ERE REITERATION O F M ATTERS
ALREADY IN THE PLEADINGS
The motion for extension of time to answer the It seeks to clarify and tends to shed light on the
request for admission should be served on the truth or falsity of the allegations in a pleading. If the
adverse party but need not be set for hearing. matters in a Request for Admission were already
admitted or denied in previous pleadings by the
Objections on the ground of irrelevancy or requested party, the latter cannot be compelled to
impropriety of the matter shall be promptly admit or deny them anew.
submitted to the court for resolution
Upon service of the request for admission, the AS DISTINGUISED FRO M RULE ON
party served may do any of the following acts: ACTIO NABLE DO CUM ENTS
A request for admission is proper when the
genuineness of an evidentiary document is sought
to be admitted. If not denied under oath, its Doctrine:

genuineness is deemed admitted.
If the document is actionable, the original or copy 306 Metro Manila Shopping v. Toledo
should be attached to the complaint or copied (June 5, 2013)
therein, and its genuineness and due execution is Facts:
deemed impliedly admitted unless specifically
denied under oath by the adverse party. Held:
CONSEQUENCE OF REFUSAL TO Doctrine:

ADM IT
Rule 29, Sec. 4
I. PRODUCTION OF INSPECTION
OF DOCUMENTS OR THINGS
iii. Effect of Admission Sec 1, Rule 27. Motion for production or
Sec 3, Rule 26. Effect of admission – inspection; order.
Any admission made by a party pursuant to such Motion for production or inspection; order. —
request is for the purpose of the pending action Upon motion of any party showing good cause
only and shall not constitute an admission by therefor, the court in which an action is pending
him for any other purpose nor may the same may (a) order any party to produce and permit the
be used against him in any other proceeding. inspection and copying or photographing, by or on
behalf of the moving party, of any designated
documents, papers, books, accounts, letters,
iv. Withdrawal
photographs, objects or tangible things, not
Sec 4, Rule 26. Withdrawal – The court may privileged, which constitute or contain evidence
allow the party making an admission under the material to any matter involved in the action and
Rule, whether express or implied, to withdraw or which are in his possession, custody or control, or
amend it upon such terms as may be just. (b) order any party to permit entry upon designated
land or other property in his possession or control
for the purpose of inspecting, measuring,
v. Effect of Failureto File and Serve surveying, or photographing the property or any
Request for Admission designated relevant object or operation thereon.
Sec 5, Rule 26. Effect of failure to file and The order shall specify the time, place and manner
of making the inspection and taking copies and
serve request for admission – Unless otherwise
photographs, and may prescribe such terms and
allowed by the court for good cause shown and to
conditions as are just. (1a)
prevent a failure of justice a party who fails to file
and serve a request for admission on the
adverse party of material and relevant facts at issue PURPO SE
which are, or ought to be, within the personal To enable a party-litigant to discover material
knowledge of the latter, shall not be permitted information, which, by reason of an opponent’s
to present evidence on such facts control, would otherwise be unavailable for judicial
scrutiny.
This is not intended for any fishing expedition, or to

305 Lañada v. CA
open all of a party’s records to other party on
(February 1, 2002)
vague chance that they might contain some
Facts:
material information.
Held:
REQ UISITES
1. The party must file a motion for the

production or inspection of documents or Doctrine:
things, showing good cause therefor;
2. Notice of the motion must be served to all 310 Chan v. Chan
other parties of the case; (July 24, 2013)
3. The motion must designate the Facts:
documents, papers, books, accounts,
letters, photographs, objects or tangible Held:
things which the party wishes to be
produced and inspected; Doctrine:
4. Such documents, etc., are not privileged;
5. Such documents, etc., constitute or contain
J. PHYSICIAL AND MENTAL
evidence material to any matter involved in
the action; and EXAMINATION OF PERSONS
6. Such documents, etc., are in the Sec 1, Rule 28. When examination may be
possession, custody or control of the other ordered.
party. In an action in which the mental or physical
condition of a party is in controversy, the court in
NECESSITY OF SUFFICIENT which the action is pending may in its discretion
DESCRIPTIO N AND IDENTIFICATIO N order him to submit to a physical or mental
OF DO CUM ENT examination by a physician.
Inspection should be limited to those documents
designated with sufficient particularity in the VALIDITY OF RULE
motion, such that the adverse party can easily This rule is not authorized as a modification of
identify the documents he is required to produce. substantive rights, but is authorized as a procedural
rule relating exclusively to the obtaining of
307 Republic v. Sandiganbayan evidence.
(November 21, 1991)
Facts: EXAM PLES
1. In an action to recover damages for personal
Held: injury, the physical condition of the plaintiff is
in controversy.
Doctrine: 2. In a petition for guardianship on the ground of
insanity, the mental condition of the ward is in
308 Security Bank v. CA controversy.
(January 25, 2000)
Facts:
Sec 2, Rule 28. Order for examination.
The order for examination may be made only on
Held:
motion for good cause shown and upon notice to
the party to be examined and to all other parties,
Doctrine:
and shall specify the time, place, manner,
conditions and scope of the examination and the
309 Eagleridge Devt Corp v. Cameron person or persons by whom it is to be made.
Granville 3 Asset Mgmt
(November 24, 2014)
W HAT IS A GOOD CAUSE
Facts:
When the ends of justice so require and the
examination may be made without danger to the
Held:
party’s life or health or the infliction upon him of EFFECTS IN CASE O F REFUSAL TO
serious pain. DELIVER REPO RT OF THE
EXAM INATIO N
REQ UIREM ENTS FO R THE ISSUANCE 1. Requiring delivery on such terms as are just,
OF ORDER OF EXAM INATION and
1. Motion for good cause shown 2. If a physician fails or refuses to make such a
2. Notice to the party to be examined and to all report the court may exclude his testimony if
other parties offered at the trial.
3. It shall specify the time, place, manner,
conditions and scope of the examination and NOTE: A party may not be punished for contempt
the person or persons by whom it is to be for failure to obey an order to submit to a physical
made. or mental examination.
DISCRETIO N O F CO URT
Sec 3, Rule 28. Report of findings.
The Court exercises full discretion in regulation
If requested by the party examined, the party
physical and mental examinations of a party to a
causing the examination to be made shall deliver to
controversy.
him a copy of a detailed written report of the
examining physician setting out his findings and
The defendant seeking physical examination of a
conclusions. After such request and delivery, the
plaintiff has no absolute right to choose his own
party causing the examination to be made shall be
physician, but the court, after determining the
entitled upon request to receive from the party
physical or mental examination is advisable, may
examined a like report of any examination,
determine the physician who shall conduct the
previously or thereafter made, of the same mental
examination
or physical condition. If the party examined refuses
to deliver such report, the court on motion and
Under the rule the examining physician becomes
notice may make an order requiring delivery on
essentially an officer of the court ordering the
such terms as are just, and if a physician fails or
examination.
refuses to make such a report the court may
exclude his testimony if offered at the trial.
Sec 4, Rule 28. Waiver of privilege.
By requesting and obtaining a report of the
RULES O N THE FINDINGS O F THE
examination so ordered or by taking the deposition
PHYSICIAN O N THE EXAM INATIO N of the examiner, the party examined waives any
CONDUCTED privilege he may have in that action or any other
1. If requested by the party examined, the party involving the same controversy, regarding the
causing the examination to be made shall testimony of every other person who has examined
deliver to him a copy of a detailed written or may thereafter examine him in respect of the
report of the examining physician setting out same mental or physical examination.
his findings and conclusions.
2. After such request and delivery, the party
causing the examination to be made shall be EFFECT OF SUBMISSION TO
entitled upon request to receive from the EXAMINATION BY THE PARTY
party examined a like report of any 1. The party examined waives any privilege he
examination, previously or thereafter made, of may have in that action;
the same mental or physical condition. 2. He also waived any privilege he may have in
that action or any other involving the same
controversy, regarding the testimony of every
other person who has examined or may
thereafter examine him in respect of the same order, including attorney's fees.
mental or physical examination.
If the application is denied and the court finds that
it was filed without substantial justification, the
K. REFUSAL TO COMPLY WITH
court may require the proponent or the counsel
MODES OF DISCOVERY advising the filing of the application, or both of
them, to pay to the refusing party or deponent the
EFFECT O F REFUSAL TO CO M PLY amount of the reasonable expenses incurred in
W ITH O R RESPOND TO M ODES O F opposing the application, including attorney's
DISCO VERY [Fortune Corp v. CA (1994)] fees.
1. Dismissal of action/proceeding/part thereof
2. Rendering a judgment by default against CONSEQUENCES IN CASE OF REFUSAL TO
the disobedient party ANSWER ANY QUESTION
3. Contempt of court or arrest of party or his 1. The examination may be completed on other
agent matters or adjourned as the proponent of the
4. Payment of amount of reasonable question may prefer.
expenses incurred in obtaining a court 2. The proponent may thereafter apply to the
order to compel discovery proper court of the place where the deposition
5. Taking the matters inquired into as is being taken, for an order to compel an
established in accordance with the claim of answer.
the party seeking discovery 3. The same procedure may be availed of when a
6. Refusal to allow the disobedient party to party or a witness refuses to answer any
support or oppose designated claims or interrogatory submitted under Rules 23 or 25.
defenses
7. Striking out his pleadings or parts thereof
Sec 2, Rule 29. Contempt of court.
8. Staying further proceedings
If a party or other witness refuses to be sworn or
refuses to answer any question after being directed
i. Contempt of Court to do so by the court of the place in which the
Sec 1, Rule 29. Refusal to answer. deposition is being taken, the refusal may be
If a party or other deponent refuses to answer any considered a contempt of that court.
question upon oral examination, the examination
may be completed on other matters or adjourned C ONTEM PT OF COURT UNDER THIS
as the proponent of the question may prefer. The SECTION
proponent may thereafter apply to the proper court 1. Refusal of party or witness to be sworn
of the place where the deposition is being taken, 2. Refusal of party or witness to answer any
for an order to compel an answer. The same question after being directed to do so by
procedure may be availed of when a party or a the court in the place in which the
witness refuses to answer any interrogatory deposition is being taken.
submitted under Rules 23 or 25.
311 Insular Life Assurance Co, Ltd. v CA
If the application is granted, the court shall require
(14 November 1994,)
the refusing party or deponent to answer the
Facts: PRESP and her daughter brought an action
question or interrogatory and if it also finds that the
against Insular Life to recover proceeds of an
refusal to answer was without substantial
insurance policy of PRESP’s brother (now
justification, it may require the refusing party or
deceased). Insular contended that the policy was a
deponent or the counsel advising the refusal, or
nullity and death of the insured was not an
both of them, to pay the proponent the amount of
accident, hence they cannot recover the proceeds.
the reasonable expenses incurred in obtaining the
Before pre-trial, Insular filed a motion for leave to causes of injustice.

file a 3rd party complaint against PRESP’s husband
Ricardo, an insurance underwriter of Philam Life. ii. Charging of Expenses
Insular asserted that Ricardo forged or caused to Sec 4, Rule 29. Expenses on refusal to admit.
be forged, the signature of the deceased on the
If a party after being served with a request under
application. TC granted. Ricardo filed his answer.
Rule 26 to admit the genuineness of any document
The parties then submitted their respective pre-trial
or the truth of any matter of fact serves a sworn
briefs.
denial thereof and if the party requesting the
admissions thereafter proves the genuineness of
Insular sent a request for admission along with a set
such document or the truth of any such matter of
of written interrogatories. They also filed a motion
fact, he may apply to the court for an order
asking the TC to direct the PRESPs to produce the
requiring the other party to pay him the reasonable
alleged insurance policies as well as other related
expenses incurred in making such proof, including
papers, and to allow inspection of the site where
attorney's fees. Unless the court finds that there
the deceased died.
were good reasons for the denial or that
admissions sought were of no substantial
TC denied the motion of Insular except with regard
importance, such order shall be issued.
to the written interrogatories. TC directed PRESPs
to answer it within a period of 10 days. PRESPs
EFFECT OF REFUSAL TO ADMIT
failed to answer it. Insular filed MTD which was
Payment of reasonable expenses incurred in
denied by the TC. CA denied Insular’s petition and
proving the document or fact denied, as contrasted
remanded case to the RTC.
with the consequences in the other modes of
discovery.
Held: Case should be remanded back to the TC in
order to resolve it based on merits. The discovery
In this connection, §4 of Rule 142 is pertinent
methods under our ROC do not deserve to be
§4 False allegations. – An averment in a
taken lightly. These discovery rules can contribute
pleading made without reasonable cause
in no small measure to the simplification of issues
and found untrue shall subject the offending
thereby hastening the disposition of cases
party to the payment of such reasonable
expenses as may have been necessarily
Doctrine: The various modes of instruments of
incurred by the other party by reason of
discovery are meant to serve:
such untrue pleading. The amount of
1. As a device, along with pre-trail hearing under
expenses so payable shall be fixed by the
rule 20, to narrow and clarify the basic issues
judge in the trial, and taxed as costs.
between the parties
2. As a device for ascertaining the facts relative
Costs under this rule are of a special nature
to those issues
requiring judicial investigation and determination,
The evident purpose is to obtain the fullest
and the clerk has no authority to act except as
possible knowledge of the issues and facts
ordered by the court.
(Republic v Sandiganbayan)
Sec 6, Rule 29. Expenses against the Republic

The matter of how, and when, the above sanctions
(§5 Rule 29) should be applied is one that primarily of the Philippines.
rests on the sound discretion of the court where the Expenses and attorney's fees are not to be
case pends, having always in mind the paramount imposed upon the Republic of the Philippines
and overriding interest of justice. For while the under this Rule.
modes of discovery are intended to attain the
resolution of litigations with great expediency, they iii. Other Consequences
are not contemplated, however, to be the ultimate
Sec 3, Rule 29. Other consequences. order compelling him to answer the particular
If any party or an officer or managing agent of a question, still refuses to obey the order.
party refuses to obey an order made under section
1 of this Rule requiring him to answer designated If a party refuses to answer the whole set of written
questions, or an order under Rule 27 to produce interrogatories, §5 of Rule 29 applies.
any document or other thing for inspection,
copying, or photographing or to permit it to be Sec 5, Rule 29. Failure of party to attend or
done, or to permit entry upon land or other serve answers.
property or an order made under Rule 28 requiring If a party or an officer or managing agent of a party
him to submit to a physical or mental examination, willfully fails to appear before the officer who is to
the court may make such orders in regard to the take his deposition, after being served with a
refusal as are just, and among others the following: proper notice, or fails to serve answers to
(a) An order that the matters regarding which the interrogatories submitted under Rule 25 after
questions were asked, or the character or proper service of such interrogatories, the court on
description of the thing or land, or the motion and notice, may strike out all or any part of
contents of the paper, or the physical or any pleading of that party, or dismiss the action or
mental condition of the party, or any other proceeding or any part thereof, or enter a
designated facts shall be taken to be judgment by default against that party, and in its
established for the purposes of the action in discretion, order him to pay reasonable expenses
accordance with the claim of the party incurred by the other, including attorney's fees.
obtaining the order;
(b) An order refusing to allow the disobedient EFFECT OF FAILURE TO APPEAR OR
party to support or oppose designated claims FAILURE TO SERVE ANSWERS TO
or defenses or prohibiting him from INTERROGATORIES
introducing in evidence designated Court may, upon motion and notice:
documents or things or items of testimony, or 1. Strike out all or any part of any pleading of
from introducing evidence of physical or that party; or
mental condition; 2. Dismiss the action or proceeding or any part
(c) An order striking out pleadings or parts thereof; or
thereof, or staying further proceedings until 3. Enter a judgment by default against that party;
the order is obeyed, or dismissing the action and
or proceeding or any part thereof, or 4. In its discretion, order him to pay reasonable
rendering a judgment by default against the expenses incurred by the other, including
disobedient party; and attorney's fees.
(d) In lieu of any of the foregoing orders or in
addition thereto, an order directing the arrest 312 Solidbank v Gateway Electronics Corp
of any party or agent of a party for disobeying (30 April 2008,)
any of such orders except an order to submit Facts: Gateway obtained a loan from Solidbank. To
to a physical or mental examination. secure the loan, Gateway assigned the proceeds of
its Back-end Services Agreement with Alliance.
THIS SECTION APPLIES ONLY TO REFUSAL Gateway defaulted on the payment of the loan.
TO ANSWER A PARTICULAR QUESTION, Solidbank then filed an action to collect sum of
NOT THE W HOLE SET OF W RITTEN money. It then filed a Motion for Production and
INTTEROGATORIES Inspection of Documents on the basis of an
These consequences would only apply where the information received from the CFO of Alliance that
party upon whom the written interrogatories is they had already paid Gateway. Gateway
served refuses to answer a particular question in presented the invoices representing the billing but
the set of written interrogatories and despite an the bank was not satisfied. Thus, it filed a motion to
cite the bank in contempt for their refusal to

produce the documents.
Held: It is not fair to penalize Gateway for not

complying with the request of the bank for the
production and inspection of documents,
considering that the documents sought were not
particularly described.
Doctrine: A party can only be held liable for unjust

refusal to comply with the modes of discovery if it is
shown that the documents sought to be
produced were specifically described,
material to the action and in the
possession, custody or control of the
opposing party.

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C2018 REVIEWER CIVIL PROCEDURE PROF.

V. ESTABLISHING FACTS unnecessary proof;

(a) The possibility of an amicable

The defendant will then be declared as in default.

272 Monarch Insurance Co v. CA This section is merely directory, and a violation

Held: PAYM ENT OF DO CKET FEES

Doctrine: Sec 3, Rule 30. Requisites of motion to

What triggers the transition? The formal offer of the

• After a testimony, the party must have an delegation to clerk of court.

If the parties fail to agree to facts in the pre-trial,

Sec 2, Rule 31. Separate Trials.

275 OCA v. Judge Vestil 281 Concerned Lawyers of Bulacan v. Judge

Held: Sec 2, Rule 32. Reference ordered on motion.

PRO CEEDINGS BEFO RE A affidavits, depositions, papers and the transcript, if

FAILURE TO APPEAR Sec 13, Rule 32. Compensation of

proceedings before the commissioner shall not be 1. Hearing or trial of an action

CIRCUM STANCES W HEN SUBPOENA i. Subpoena (ad testificandum)

of the court in which his case is pending was

TAKING O F DEPO SITIO NS AND USE USE AT THE HEARING OF AN

ADM ISSIBILITY AND PRO BATIVE VALUE

relevant evidence contained in a deposition 2. Outside the Philippines

Deposition may also be taken before any other

This is similar to the provisions on disqualifications

BURDEN O F PRO O F Moreover, it cannot be disputed that the various

taken shall put the witness on oath and shall reasonable.

(b) As to disqualification of officer.- Objection to (Mar. 3, 2008, Austria-Martinez)

(e) As to form of written interrogatories.- Held:

295 San Luis v. Judge Rojas 300 Go v. People

(July 18, 2012) for the purpose of perpetuating their testimony.

be used in the action in accordance with the

No party may, without leave of court, serve

May cover as broad a field of inquiry as when the Doctrine:

W HAT REQ UEST M AY INLCUDE a) he may file a sworn statement denying

to be admitted. If not denied under oath, its Doctrine:

CONSEQUENCE OF REFUSAL TO Doctrine:

This is not intended for any fishing expedition, or to

1. The party must file a motion for the

Before pre-trial, Insular filed a motion for leave to causes of injustice.

Sec 6, Rule 29. Expenses against the Republic

cite the bank in contempt for their refusal to

Held: It is not fair to penalize Gateway for not

Doctrine: A party can only be held liable for unjust

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