RULE 24

DEPOSITIONS BEFORE ACTION

OR PENDING APPEAL
Section 1. Depositions before action;
petition.
A person who desires to perpetuate his
own testimony or that of another
person regarding any matter that may
be cognizable in any court of the
Philippines, may file a verified petition
in the court of the place of the
residence of any expected adverse
party.
Sec. 2. Contents of petition.
(a) that the petitioner expects to be a party
to an action in a court of the Philippines but
is presently unable to bring it or cause it to
be brought;

(b) the subject matter of the expected action
and his interest therein;
Sec. 2. Contents of petition.
(c) the facts which he desires to establish by
the proposed testimony and his reasons for
desiring to perpetuate it;

(d) the names or a description of the persons
he expects will be adverse parties and their
addresses so far as known; and
Sec. 2. Contents of petition.
(e) the names and addresses of the persons
to be examined and the substance of the
testimony which he expects to elicit from
each, and shall ask for an order authorizing
the petitioner to take the depositions of the
persons to be examined named in the
petition for the purpose of perpetuating
their testimony.
Sec. 3. Notice and service.
The petitioner shall serve a notice upon each
person named in the petition as an expected
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 described in
the petition.
Sec. 3. Notice and service.
At least twenty (20) days before the date of
the hearing, the court shall cause notice
thereof to be served on the parties and
prospective deponents in the manner
provided for service of summons.

Sec. 4. Order and examination.
If the court is satisfied that the perpetuation
of the testimony may prevent a failure or
delay of justice, it shall make an order
designating or describing the persons whose
deposition may be taken and specifying the
subject matter of the examination and
whether the depositions shall be taken upon
oral examination or written interrogatories.
The depositions may then be taken in
accordance with Rule 23 before the hearing.
Sec. 5. Reference to court.
For the purpose of applying Rule 23 to
depositions for perpetuating testimony,
each reference therein to the court in which
the action is pending shall be deemed to
refer to the court in which the petition for
such deposition was filed.
Sec. 6. Use of deposition.
If a deposition to perpetuate testimony is
taken under this Rule, or if, although not so
taken, it would be admissible in evidence, it
may be used in any action involving the
same subject matter subsequently brought
in accordance with the provisions of
sections 4 and 5 of Rule 23.
If an appeal has been taken from a judgment of
a court, including the Court of Appeals in
proper cases, or before taking of depositions of
witnesses to perpetuate their testimony for use
in the event of further proceedings in the said
court.
Deposition Pending Appeal
1.) Taken to perpetuate the testimony of
witnesses for probable use in a future case
or in the event of further proceedings in the
sane case.

2.) Sec. 7 is the procedure in perpetuating
testimony after judgment in the RTC and
before it has become executory or during
the pendency of ab appeal therefrom.
In such case the party who desires to
perpetuate the testimony may make a motion in
the said court for leave to take the depositions,
upon the same notice and service thereof as if the
action was pending therein


The motion shall state:

The names and addresses of the persons to
be examined and the substance of the
testimony which he expects to elicit from
each;

The reason for perpetuating their
testimony.
If the court finds that the perpetuation of
the testimony is proper to avoid failure or
delay of justice, it may make an order
allowing the depositions to be taken, and
thereupon the depositions may be taken
and used in the same manner and under
the same conditions as are prescribed in
these Rules for depositions taken in
pending actions.
Depositions Before Action Under Rule 24
FILE A VERIFIED
PETITION IN THE COURT
OF THE PLACE OF THE
RESIDENCE OF ANY
EXPECTED ADVERSE
PARTY.

NOTICE AND
SERVICE to each
person named in the
petition as an expected
adverse party
The court shall cause
notice thereof to be
served on the parties and
prospective deponents in
the manner provided for
service of summons.
ORDER AND
EXAMINATION
Depositions Pending Appeal Under Rule 24
taking of depositions
during the pendency of the
appeal
The party who desires to perpetuate
the testimony may make a motion
in the said court for leave to take
the depositions, upon the same
notice and service thereof as if the
action was pending therein.
ORDER ALLOWING
THE DEPOSITION


DEPOSITIONS
BEFORE ACTION
DEPOSITIONS
PENDING APPEAL
Who can apply? A person who desires
to perpetuate his own
testimony or that of
another person
regarding any
matter that may be
cognizable in any
court of the
Philippines (Section 1)
Any person can
perpetuate their
testimony for use in
the event of further
proceedings in the said
court (Section 7)
What to file? The petition shall be
entitled in the name of
the petitioner
motion upon notice
and service

The petition shall be entitled in the name of the
petitioner and shall show:

1. that the petitioner expects to be a party to an action in a court of the
Philippines 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 a description of the persons he expects will be adverse parties
and their addresses so far as known; and
5. the names and addresses of the persons to be examined and the substance of
the testimony which he expects to elicit from each, and
6. shall ask for an order authorizing the petitioner to take the depositions of the
persons to be examined named in the petition for the
purpose of perpetuating their testimony.
(Section 1 & 2)
Motion upon notice and service,
contents of which are:
1. the names and addresses of the persons to
be examined and
2. the substance of the testimony which he
expects to elicit from each; and
3. the reason for perpetuating their
testimony (Section 7)



DEPOSITIONS
BEFORE ACTION
DEPOSITIONS
PENDING APPEAL
Where to apply?
in the court of the place
of the residence of any
expected adverse party
(Section 1)
the court in which the
judgment was
rendered (Section 7)
When to file?
Before the action.
Depositions before action
is only
applicable in civil cases.
At any time before
judgment becomes
final:
1. If an appeal has been taken
from a
judgment of a court, including
the
Court of Appeals in proper
cases,
or
2. before the taking of an appeal
if
the time therefore has not
expired
(Section 7)



DEPOSITIONS
BEFORE ACTION
DEPOSITIONS
PENDING APPEAL
Court order and
examination
If the court finds that the perpetuation of the
testimony is proper to avoid a failure or delay
of
justice, it may make an order allowing the
depositions to be taken, which shall:

1. designate or describe the persons whose
deposition may be taken and
2. specify the subject matter of the examination
and
3. specify whether the depositions shall be
taken upon oral examination or written
interrogatories. (Section 4 & 7)