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MODES OF DISCOVERY 1. Depositions pending actions [Rule 23] 2.…

- - - - Admission by adverse party
        (Rule 26)
        
        Production or inspection of
        documents or things
        (Rule 27)
        
        Physical and mental
        examination of persons
        (Rule 28)
        
        MOTION FOR PRODUCTION OR INSPECTION; ORDER. (Sec. 1)
        Upon motion of any party showing good cause therefor, the court in which an action is pending may
        
        DOCUMENTS AND TANGIBLE THINGS
        (a) order any party to produce and permit the
        inspection and copying or photographing, by or on behalf of the moving party,
        of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, NOT PRIVILEGED, which constitute or contain evidence material to any matter involved in the action and which are in his or her possession, custody or control; or
        
        SPECIFY TIME, PLACE, MANNER OF INSPECTION, AND TAKING COPIES
        The order shall specify the time, place and manner of making the inspection and taking copies and photographs, and may prescribe such terms and conditions as are just. (1a)
        
        ENTRY OF PROPERTY
        (b) order any party to permit entry upon designated land or other property in his or her possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon.
      - HOW DONE (Sec. 1)
        
        MOTION - Upon ex parte motion
        
        FILE + SERVE Any party desiring to elicit material and relevant facts from any ADVERSE parties shall file and serve upon the latter written interrogatories.
        
        HOW ANSWERED (Sec. 2)
        The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them.
        
        COPY OF ANSWERS
        GR: The party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen (15) calendar days after service thereof,
        XCPN: Unless the court, on motion and for good cause shown, extends or shortens the time. (2a)
        
        WHO ANSWERS (Sec. 1)
        Answered by the party served OR, if the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf. (1a)
        
        HOW OBJECTED (Sec. 3)
        Objections to any interrogatories may be presented to the court within ten (10) calendar days after service thereof, with notice as in case of a motion.
        
        USE OF OBJECTIONS??
        
        EFFECT OF OBJECTION
        Answers shall be deferred until the objections are resolved, which shall be at as early a time as is practicable. (3a)
        
        NUMBER OF INTERROGATORIES (Sec. 4)
        GR:No party may serve more than one set of interrogatories to be answered by the same party. (4)
        XCPN: Leave of court moved & granted
        
        SCOPE AND USE OF INTERROGATORIES (Sec. 5).
        Interrogatories may relate to any matters that can be inquired into under Sec. 2 of Rule 23.
        
        USE/PURPOSE OF ANSWERS (Sec. 5)
        The answers may be used for the same purposes provided in Section 4 of Rule 23
        
        EFFECT OF FAILURE TO SERVE WRITTEN INTERROGATORIES (Sec. 6)
        GR:A party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court, or to give a deposition pending appeal.
        XCPN: Unless thereafter allowed by the court for good cause shown and to prevent a failure of justice,
    - - HOW DONE - BEFORE ACTION (Sec. 1)
        By a verified petition in the court of the place of the residence of any expected adverse party. This is filed by person desiring to perpetuate such testimony.
        
        SCOPE OF MATTERS
        Any matter that may be cognizable
        in any court of the Philippines
        
        CONTENTS OF PETITION (Sec. 2)
        The petition shall be entitled in the name of the petitioner and shall show:
        
        EXPECTATION + UNABLE (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;
        
        SUBJECT MATTER & INTEREST (b) the subject matter of the expected action and his or her interest therein;
        
        FACTS & REASONS (c) the facts which he or she desires to establish by the proposed testimony and his or her reasons for desiring to perpetuate it;
        
        NAME/DESC & ADDRESS OF ADVERSE PARTIES(d) the names or a description of the persons he or she expects will be adverse parties and their addresses so far as known; and
        
        NAME AND ADDRESS OF DEPONENTS & SUBSTANCE (e) the names and addresses of the persons to be examined and the substance of the testimony which he or she 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. (2a)
        
        NOTICE AND SERVICE. (Sec. 3)
        BY PETITIONER
        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.
        
        ORDER AND EXAMINATION (Sec. 4)
        If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall:
        
        ORDER - Make an order designating or describing the persons whose deposition may be taken and
        
        SPECIFY - Specifying the subject matter of the examination AND whether the depositions shall be taken upon oral examination or written interrogatories.
        
        HOW TAKEN - LIKE RULE 23
        The depositions may then be taken in accordance with Rule 23 before the hearing.
        
        REFERENCE TO COURT (Sec. 5)
        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.
        
        COURT'S NOTICE
        At least twenty (20) calendar 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. (3a)
        
        USE OF A DEPOSITION - AS EVIDENCE (Sec. 6)
        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.
        
        PURPOSE
        To perpetuate one's own testimony OR that of another person
    - - HOW DONE
        (Sec. 7)**
        If an appeal has been taken from a judgment of a court, including the Court of Appeals in proper cases, OR before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court.
        
        IF ALLOWED BY COURT
        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.
        
        CONTENTS OF MOTION
        The motion shall state
        
        NAME AND ADDRESS + SUBSTANCE
        (a) the names and addresses of the persons to be examined and the substance of the testimony which he or she expects to elicit from each; and
        
        REASON(b) the reason for perpetuating their testimony.
        
        MOTION GRANTED -
        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.
        
        EFFECT OF GRANT;
        HOW TAKEN AND USED
        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.
  - - - PERSONS CONFINED IN PRISON
        The deposition of a person confined in prison may be taken only by:
        
        Leave of court
        
        On such terms as the court prescribes
      - BEFORE WHOM DEPOSITIONS ARE TAKEN - WITHIN PH (Sec. 10)
        
        Within the Philippines
        a. Judge
        b. Notary public, or
        c. Any person authorized to administer oaths, as stipulated by the parties in writing
        
        BEFORE WHOM DEPOSITIONS ARE TAKEN W/IN FOREIGN STATE/COUNTRY
        (Sec. 11)
        
        Foreign state or country
        a. On notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the Philippines
        
        b. Before such person or officer as may be
        appointed by commission or under letters rogatory, or
        c. Any person authorized to administer oaths as stipulated by parties in writing [Sec. 14, Rule 23]
        
        DQ BY INTEREST (Sec. 13)
        No deposition shall be taken before a person who is
        
        A relative within the 6th degree of consanguinity or affinity, or
        
        An employee or counsel of any of the parties, or
        
        A relative within the same degree, or employee of such counsel, or
        
        Any person financially interested in the action
        
        PERSON AUTHORIZED IN WRITING
        (Sec. 14)
        If the parties so stipulate in writing, depositions may be taken before any person authorized to administer oaths, at any time or place, in accordance with these Rules, and when so taken may be used like other depositions.
    - - SCOPE(Sec. 2)
        
        ANY matter not privileged
        
        RELEVANT to the subject of pending action, whether relating to the claim OR defense of any other party
        
        Including the existence, description, nature, custody, condition, and location of any books,
        documents, or other tangible things and
        the identity and location of persons having
        knowledge of relevant facts. (2)
        
        EXCEPTION: ORDERS FOR PROTECTION OF PARTIES AND DEPONENTS
        (Sec. 16)
        After NOTICE is served for taking a deposition by oral examination, upon MOTION seasonably made by any party or by the person to be examined and for
        GOOD CAUSE shown, the court in which the action is pending may make the following orders:
        
        NO DEPOSITION - (a) That the deposition shall not be taken;
        
        DESIGNATED PLACE - (b) That the deposition may be taken only at some designated place other than that stated in the notice;
        
        ONLY WRITTEN - (c) That the deposition may be taken only on written interrogatories;
        
        RESTRICTED MATTERS - (d) That certain matters shall not be inquired into;
        
        PRIVATELY (e) That the scope of the examination shall be held with no one present except the parties to the action and their officers or counsel;
        
        SEALED - (f) That after being sealed the deposition shall be opened only by order of the court;
        
        SECRETS (g) That secret processes, developments, or research need not be disclosed; or
        
        SPECIFIED DOCUMENTS (h) That the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.
        
        The court may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression. (16a)
      - FULL DISCLOSURE (Sec. 4)
        (d) If only part of a deposition is offered in evidence by a party, the adverse party may require him or her to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts. (4a)
    - - NOTICE - CONTENTS
        1. IF KNOWN -The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, AND
        2. IF THE NAME IS NOT KNOWN, a general description sufficient to identify him or her or the particular class or group to which he or she belongs.
        
        MOTION TO TERMINATE OR LIMIT EXAMINATION BY ORDER (Sec. 18)
        [IF]
        
        At ANY TIME during the taking of the deposition,
        
        On MOTION or PETITION of any party or of the deponent 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 Deponent or party,
        
        [THEN]
        the court in which the action is pending or the Regional Trial Court of the place where the deposition is being taken may order the officer conducting the examination to
        CEASE forthwith from taking the deposition, OR may LIMIT the scope and manner of the taking of the deposition, as provided in Section 16 of this Rule.
        
        SUSPENDED BY DEMAND
        Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a notice for an order.
        
        GRANT or REFUSE = COSTS
        In granting or refusing such order, the court may impose upon either party or upon the witness the requirement to pay such costs or expenses as the court may deem reasonable.
        
        RESUMED ONLY BY ORDER
        If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending.
        
        SHORTEN/ENLARGE TIME
        On motion of any party upon whom the notice is served, the court may for cause shown enlarge or shorten the time. (15a)
        
        OBJECTIONS NOTED (Sec. 17)
        All objections made at the time of the examination to the qualifications of the officer taking the deposition, OR to the manner of taking it, OR to the evidence presented, OR to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition.
        
        EVIDENCE SUBJECT TO OBJECTION
        Evidence objected to shall be taken subject to the objections
    - - CROSS-INTERROGATORIES
        Within ten (10) calendar days thereafter, a party so served may serve cross-interrogatories upon the party proposing to take the deposition.
        
        RE-DIRECT INTERROGATORIES
        Within five (5) calendar days thereafter the latter may serve re-direct interrogatories upon a party who has served cross-interrogatories.
        
        RE-CROSS INTERROGATORIES
        Within three (3) calendar days after being served with re-direct interrogatories, a party may serve recross-interrogatories upon the party proposing to take the deposition. (25a)
      - NOTICE - CONTENTS
        The notice shall state:
        
        Name and address of the person who is to answer them AND
        
        Name or descriptive title and address of the officer before whom the deposition is to be taken.