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Rule 21 Subpoena

1. 1.

Subpoena issued by:

1. The court before whom witness is required to attend;


2. The court of the place where the deposition is to be taken;
3. The officer or body authorized by law to do so in connection with its
investigations;
4. Any Justice of the SC or CA in any case or investigation pending within the
Phils
2. No prisoner sentenced to death, reclusion perpetua, or life imprisonment and
who is confined in any penal institution shall be brought outside said institution for
appearance or attendance in any court unless authorized by the SC.
1. 3.

Grounds for quashing subpoena duces tecum

2. 4.

Ground for quashing subpoena ad testificandum

1. It is unreasonable or oppressive
2. The articles sought to be produced do not appear to be relevant
3. Person asking for subpoena does not advance cost of production
1. The witness is not bound thereby if witness resides more than 100 km from
the place where he is to travel by the ordinary course of travel, or if he is a
detention prisoner and no permission is obtained from the court in which his
case is pending
This is known as the viatory right of the witness; NOTE, however, that the right
is available only in CIVIL cases
2. Witness fees and kilometrage allowed by rules not tendered when subpoena
served.
1. 5. Service of subpoena made in the same manner as personal or
substituted service of summons.
2. 6. Person present in court before a judicial officer may be required to testify
as if he were in attendance upon a subpoena.
3. 7. Failure by any person without adequate cause to obey a subpoena
served upon him shall be deemed a contempt of the court from which
subpoena issued.

Rule 22 Computation of Time


1. 1. Computing for any period of time: day of the act or event from which
designated period of time begins to run is to be excluded and the date of
performance included.
2. 2. If last day of period falls on Saturday, Sunday or legal holiday in place
where court sits, the time shall not run until the next working day.
3. 3. If there is effective interruption of period, it shall start to run on the day
after notice of the cessation of the cause of the interruption. The day of the
act that caused the interruption is excluded in the computation of the period.
Rule 23 Depositions Pending Action
DEPOSITIONS DE BENE ESSE taken for purposes of pending action
1. 1.

Depositions pending action


1. 2. Scope of examination deponent may be examined regarding any
matter not privileged relevant to the subject of the action
2. 3.

Examination and cross-examination proceeds as in trials

3. 4.

Depositions and Affidavits distinguished

1. Taken by leave of court after court obtains jurisdiction over any defendant or
property subject of the action
2. Taken without leave after an answer has been served
3. Upon the instance of any party
4. May be deposition upon oral examination or written interrogatories
Depositions

Affidavits

Written testimony of witness in


course of judicial proceedings, in
advance of trial and hearing

Mere sworn written statements

Opportunity for cross-examination

No cross-examination

Can be competent testimonial


evidence

Little probative value (hearsay)

1. 5.

Use of depositions

Any part or all of a deposition which is admissible in evidence may be used


against any party who was present or represented during the taking of the
deposition or who had notice thereof as follows:
May be
used by

Purpose

A witness

Any party

To contradict or impeach the


deponents testimony as a
witness

Any party, or anyone


who at the time of
taking the deposition
was an officer,
director, or managing
agent of a public or
private corporation

An adverse
party

For any purpose

Deposition of

Of any witness,
whether a party or not

Any party

For any purpose, IF court finds


that:
1. Witness is dead;
2.

b. Witness resides at
a distance more than 100
km from place of trial,
UNLESS absence
procured by party
offering the deposition

3.

c. Witness is unable
to testify because of age,
sickness, infirmity, or
imprisonment;

4.

d. Party offering the


deposition has been
unable to procure the
attendance of the witness
by subpoena; OR

5.

e. Other exceptional
circumstances make it

desirable to allow
deposition to be used.
Deponent is made the witness of the party offering the deposition.
If only part of the deposition is introduced, adverse party may require that all of it
which is relevant to the part introduced be introduced.
6. Persons before whom depositions may be taken
a. Within the Philippines
1. Judge
2. Notary public
3. Any person authorized to administer oaths if the parties so stipulate in writing
b. In foreign countries
1. On notice, before a secretary of any embassy or legation, consul-general,
consul, vice-consul, consular agent of the Phils
1. Before such person or officer as may be appointed by commission or
under letters-rogatories
2. Any person authorized to administer oaths if the parties so stipulate.
Commission addressed to any authority in a foreign country authorized therein to
take down depositions; the taking of such depositions is subject to the rules laid
down by the court issuing the commission
Letters Rogatory addressed to judicial authority in the foreign country; the taking
of the depositions is subject to the rules laid down by such foreign judicial authority.
7. Persons disqualified to take depositions
1. Relative within 6th degree of consanguinity or affinity of any party
2. Employee of any party
3. Counsel of any party
4. Relative within the same degree of partys counsel
5. Employee of partys counsel
6. Anyone financially interested in the action
8. Depositions upon written interrogatories

Party desiring to take such deposition shall serve them upon every other party
with a notice stating the name and address of the person who is to answer them
and the name and descriptive title of the officer before whom the deposition is to be
taken;
Party so served may serve cross-interrogatories upon the proponent within 10
days thereafter
Re-direct interrogatories served within 5 days
Re-cross interrogatories served within 3 days
9. Effects of errors and irregularities in the depositions
1. As to notice waived unless written objection is promptly served upon the
party giving the notice
2. As to disqualification of officer waived unless made before the taking of the
deposition begins or as soon thereafter as the disqualification becomes
known or could be discovered with reasonable diligence
3. As to competency or relevancy of evidence NOT waived by failure to make
them before or during the taking of the deposition, unless ground is one
which might have been obviated or removed if presented at that time
4. As to oral exam and other particulars Errors occurring at the oral exam in
the manner of taking the deposition, in the form of questions and answers, in
oath or affirmation, or in conduct of parties, and errors of any kind which
might be obviated, removed, cured if promptly prosecuted are waived unless
reasonable objection is made at the taking of the deposition.
5. As to form of written interrogatories waived unless served in writing upon
party propounding them within the time allowed for serving succeeding cross
or other interrogatories and within 3 days after the service of the last
interrogatories authorized.
6. As to manner of preparation errors as to manner in which the testimony is
transcribed or the deposition is prepared, signed, certified, sealed, indorsed,
transmitted, filed or otherwise dealt with by the officer are waived unless a
motion to suppress the deposition or some part of it is made with reasonable
promptness after such defect is, or with due diligence might have been,
ascertained.
A deposition, in keeping with its nature as a mode of discovery, should be taken
before and not during trial. IN fact, the rules on criminal practice particularly on
the defense of alibi states that when a person intends to rely on such a defense,

that person must move for the taking of the deposition of his witness within the
time provided for filing a pre-trial motion.
Rule 24 Depositions Pending Action
DEPOSITIONS IN PERPETUAM REI MEMORIAM taken to perpetuate evidence for
purposes of an anticipated action or further proceedings in a case or appeal.
1. 1.

Depositions before action

A person desiring to perpetuate his own testimony or that of another person


regarding any matter that may be cognizable in any court of the Phils may file a
verified petition in the court of the place of the residence of any expected adverse
party, which petition shall be entitled in the name of the petitioner and shall show:
1. That petitioner expects to be a party to an action in a court of the Phils but is
presently unable to bring it or cause it to be brought;
2. The subject matter of the expected action and his interest therein;
3. The facts which he desires to establish by the proposed testimony and his
reasons for desiring to perpetuate it;
4. The names or description of the persons he expects will be the adverse
parties and their addresses so far as known;
5. The name and addresses of the persons to be examined and the substance of
the testimony which he expects to elicit from each.
1. 2.

Use of deposition

If deposition to perpetuate testimony is taken under this rule or if not so taken is


still admissible in evidence may be used in any action involving the same subject
matter subsequent brought in accordance with the provisions of Rule 23.
Rule 25 Interrogatories to Parties
1. Interrogatories and the answers thereto should be filed in court and served
on adverse parties, so that the answers may constitute judicial admissions.
2. Effect of failure to serve written interrogatories a party not served with such
may NOT be compelled by the adverse party to give testimony in open court
or deposition pending appeal.
Rule 26 Admission by Adverse Party
1. 1.

Request for admission

A written request for the admission of the other party of the genuineness of any
material or document or request for the truth of any material and relevant matter of
fact set forth in the request may be filed and served upon the other party at any
time after issues have been joined.
1. 2.

Implied admission

Each of the matter requested to be admitted shall be deemed admitted within a


period designated in the request, which shall not be less than 15 days after service
thereof or within such further time as the court may allow on motion, UNLESS, party
requested serves upon the party requesting a sworn statement either specifically
denying or setting forth in detail the reasons why he cannot truthfully either admit
or deny those matters.
1. 3.

Effect of admission

Admission is only for the purpose of the pending action and shall NOT constitute an
admission for any other person nor may it be used against him in any other
proceeding.
1. 4. A party who fails to file and serve a request for admission on the adverse
party of material facts within the personal knowledge of the latter shall not
be permitted to present evidence thereon,
Rule 27 Production or Inspection of Documents or Things
1. Any party may move for the court in which the action is pending to order any
party to:
1. Produce and permit the inspection and copying or photographing of
any designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, not privileged, which:
1. Constitute or contain evidence material to any matter involved
in the action AND
2. Are in his possession, custody or control.
3. Permit entry upon designated land or other property in his
possession or control for the purpose of inspecting, measuring,
surveying, or photographing the property or any designated
relevant object or operation thereon.
2. The order:
1. Shall specify the time, place and manner of making the inspection and
taking copies AND

2. May prescribe such terms and conditions which are just.


Rule 28 Physical and Mental Examination of Persons
1. If the mental or physical condition of a party is in controversy, the court may
order him to submit to a physical or mental examination by a physician.
2. The party examined waives any privilege he may have in that action
regarding the testimony of the person who has examined or may examine
him with respect to that same mental or physical examination by:
1. Requesting and obtaining a report of the examination so ordered OR
2. Taking the deposition of the examiner.
Rule 29 Refusal to Comply with the Modes of Discovery
1. If a party/deponent refused to answer:
1. The examination may be completed on other matters
2. The examination may be adjourned
3. The proponent may apply to the court for order to compel answer
The court may then order:
1. The refusing party or his counsel to pay the expenses incurred in obtaining
the order, including the attorneys fees (if it finds the refusal to answer
without substantial justification)
2. The proponent or his counsel to pay the expenses incurred in opposing the
application, including attorneys fees (if it finds the application to be without
substantial justification)
2. If a party/witness refuses to be sworn or to answer after being directed to do so
by the court, the refusal may be considered contempt of that court.
1. If a party/officer or managing agent of a party refuses to obey an order
requiring him:
a. To answer designated questions
b. To produce a thing for inspection or to permit entry upon property
1. To submit to a physical or mental examination
the court may order:

1. That the matters regarding which the questions were asked, or the character
of the land or the thing, or the physical and mental condition of the party be
taken to be established.
2. The disallowance of the disobedient partys claims
3. The prohibition of the disobedient party to present evidence
4. The striking out of the pleadings or parts thereof
5. The dismissal of the action or parts thereof
6. Rendering judgment by default against the disobedient party OR
7. The arrest of any party or agent EXCEPT in disobeying an order to submit to a
physical or mental examination.
4. If a party refuses to attend or serve answers, the court may:
1. Strike out all or any part of any pleading of that party.
2. Dismiss the action or any part thereof.
3. Enter a judgment by default against that party, OR/AND
4. Order that party to pay reasonable expenses incurred, including attorneys
fees.
5. The Republic of the Philippines cannot be required to pay expenses and
attorneys fees under this Rule.
Rule 30 Trial
1. 1.

Order of trial

Trial shall be limited to the issues stated in the pre-trial order and shall proceed as
follows:
1. The plaintiff shall adduce evidence in support of his complaint;
2. The defendant shall adduce evidence in support of his defense, counterclaim,
cross-claim, and third-party complaint;
3. The 3rd-party defendant, if any, shall adduce evidence of his defense,
counterclaim, cross-claim, and 4th party complaint;
4. The 4th party and so forth, if any, shall adduce evidence of the material facts
pleaded by them;

5. The parties against whom any counterclaim or cross-claim has been pleaded,
shall adduce evidence in support of their defense, in the order to be
prescribed by the court;
6. The parties may then respectively adduce rebutting evidence only, unless the
court, for good reasons and in the furtherance of justice, permits them to
adduce evidence upon their original case; and
7. Upon admission of the evidence, the case shall be deemed submitted for
decision, unless the court directs the parties to argue or to submit their
respective memoranda or any further pleadings.
1. 2. Judge should personally receive evidence EXCEPT that in default or ex
parte hearings and in any case where the parties so agree in writing, the
court may delegate the reception of evidence to its clerk of court who is a
member of the bar. The clerk shall have no power to rule on objections to
any question or to the admission of exhibits, which objections shall be
resolved by the court upon submission of his report and the transcripts within
10 days from the termination of the hearing.

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