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    Rules of Court

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    JC Hilario
    Rule 24 of the Rules of Court discusses the procedures for taking depositions before an action is filed or pending appeal. It allows a party to perpetuate testimony that may be relevant to future court proceedings. The petition must identify the subject matter and reasons for taking the deposition, as well as the expected adverse parties. Notice must be served and the court will hold a hearing. If satisfied, the court can authorize the deposition to be taken and used in subsequent related proceedings. Depositions are a form of discovery intended to fully disclose relevant facts known by parties and witnesses.

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    Rules of Court

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    JC Hilario
    282 views19 pages
    Rule 24 of the Rules of Court discusses the procedures for taking depositions before an action is filed or pending appeal. It allows a party to perpetuate testimony that may be relevant to future court proceedings. The petition must identify the subject matter and reasons for taking the deposition, as well as the expected adverse parties. Notice must be served and the court will hold a hearing. If satisfied, the court can authorize the deposition to be taken and used in subsequent related proceedings. Depositions are a form of discovery intended to fully disclose relevant facts known by parties and witnesses.

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    Rule 24

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    Rule 24 of the Rules of Court discusses the procedures for taking depositions before an action is filed or pending appeal. It allows a party to perpetuate testimony that may be relevant to future court proceedings. The petition must identify the subject matter and reasons for taking the deposition, as well as the expected adverse parties. Notice must be served and the court will hold a hearing. If satisfied, the court can authorize the deposition to be taken and used in subsequent related proceedings. Depositions are a form of discovery intended to fully disclose relevant facts known by parties and witnesses.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    282 views19 pages

    Rules of Court

    Uploaded by

    JC Hilario
    Rule 24 of the Rules of Court discusses the procedures for taking depositions before an action is filed or pending appeal. It allows a party to perpetuate testimony that may be relevant to future court proceedings. The petition must identify the subject matter and reasons for taking the deposition, as well as the expected adverse parties. Notice must be served and the court will hold a hearing. If satisfied, the court can authorize the deposition to be taken and used in subsequent related proceedings. Depositions are a form of discovery intended to fully disclose relevant facts known by parties and witnesses.

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    of 19

    Rule 24

    Depositions Before
    Action
    Or Pending Appeal
    Section 1, Rule 24
    Deposition Before Action
    • How can deposition before action be
    commenced?
    A person who desires to perpetuate his
    own testimony or that of another person may
    file a petition regarding:
    a. Any matter that may be cognizable in any court of the
    Philippines
    b. In the court of the place of the residence of any expected
    adverse party.
    Section 2, Rule 24
    Contents of Petition
    • What are the contents of the petition for
    taking of depositions before action?
    The petition for the taking of a deposition
    before action shall be entitled in the name of the
    petitioner and shall show the following:
    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;
    Section 2, Rule 24
    Contents of Petition
    • What are the contents of the petition for taking of
    depositions before action?
    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;
    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
    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 3, Rule 24
    Notice and Service

    • What are the duties of the petitioner after


    the filing of the petition?
    1. Serve a notice upon each person named in the
    petition as an expected adverse party;
    2. Serve 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.
    Section 3, Rule 24
    Notice and Service

    • What is the course of action of the court


    after filing and service of notice and
    petition?

    At least 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 the
    service of summons.
    Section 4, Rule 24
    Order and Examination

    • What are the actions of the court on the petition?


    If the court is satisfied that the perpetuation of the
    testimony may prevent a failure or delay in justice, it
    shall:
    a. Make an order designating or describing the persons
    whose deposition may be taken and specifying the
    subject matter of the examination.
    b. Whether the deposition shall be taken upon oral
    examination or written interrogatories;
    c. The deposition may then be taken in accordance with
    Rule 23 before the hearing.
    Section 5, Rule 24
    Reference to Court
    • Rule 23 applies to the taking of depositions
    under Rule 24.
    • In sections under Rule 23 which has reference
    to the court in which the “action is pending”, it
    shall be construed that under Rule 24, they
    refer to the court in which the “petition is filed”.
    • NOTE: No action pending in Rule 24.
    • NOTE: Rule 23, Sections 16, 18, 20, 23, 24, 28
    has reference to court in which “action is
    pending”.
    Section 6, Rule 24
    Use of Deposition
    • Usages of Deposition:
    1. It would be admissible in evidence;
    2. It may be used in any action involving the
    same subject matter subsequently brought in
    accordance with the provisions of Sections 4
    & 5 of Rule 23.
    Section 7, Rule 24
    Deposition Pending Appeal

    • Deposition Pending Appeal


    • How is deposition pending appeal made?
    • WHO: The court who issued the judgment may allow the
    taking of depositions of witnesses to perpetuate their
    testimony for use in the event of further proceedings in the
    said court.
    • WHEN: An appeal has been taken from a judgment of a court
    or before the taking of an appeal if the time therefor has not
    expired.
    • HOW: The party who desires to perpetuate the testimony:
    1. Make a motion for leave to take depositions;
    2. Notice and Service thereof as if the action was pending therein
    Section 7, Rule 24
    Deposition Pending Appeal
    • Contents of the motion for leave:
    1. State the names and addresses of the persons to
    be examined and the substance of the testimony
    2. Reason for perpetuating their testimony
    • If the court finds that the perpetuation is proper
    to avoid a failure or delay of justice:
    • It may make an order allowing the depositions to be
    taken, AND
    • The depositions be taken and used in the same
    manner and under the same conditions as are
    prescribed in Rule 23.
    DASMARIÑAS GARMENTS, INC., petitioner, vs. HON.
    RUBEN T. REYES, Judge, Regional Trial Court, Manila,
    Branch 50, and AMERICAN PRESIDENT LINES, LTD.,
    respondents.
    • Depositions may be taken at any time after the
    institution of any action, whenever necessary or
    convenient.
    • There is no rule that limits deposition-taking only to
    the period of pre-trial or before it; no prohibition
    against the taking of depositions after pre-trial.
    • Indeed, the law authorizes the taking of
    depositions of witnesses before or after an appeal
    is taken from the judgment of a Regional Trial
    Court "to perpetuate their testimony for use in the
    event of further proceedings in the said court", and
    even during the process of execution of a final and
    executory judgment.
    • Depositions are chiefly a mode of discovery. They
    are intended as a means to compel disclosure of
    facts resting in the knowledge of a party or other
    person which are relevant in some suit or
    proceeding in court.
    • Depositions, and the other modes of discovery are
    meant to enable a party to learn all the material
    and relevant facts, not only known to him and his
    witnesses but also those known to the adverse
    party and the latter's own witnesses.
    • In fine, the object of discovery is to make it
    possible for all the parties to a case to learn all the
    material and relevant facts, from whoever may
    have knowledge thereof, to the end that their
    pleadings or motions may not suffer from
    inadequacy of factual foundation, and all the
    relevant facts may be clearly and completely laid
    before the Court, without omission or suppression.
    REPUBLIC OF THE PHILIPPINES (PRESIDENTIAL
    COMMISSION ON GOOD GOVERNMENT), petitioner, vs.
    SANDIGANBAYAN, BIENVENIDO R. TANTOCO, JR.
    and DOMINADOR R. SANTIAGO, respondents.

    • Deposition Discovery Mechanism/Procedure


    The deposition discovery procedure was designed
    to remedy the conceded inadequacy and
    cumbersomeness of the pre-trial functions of notice
    giving, issue formulation and fact revelation theretofore
    performed primarily by the pleading.
    The various modes or instruments of discovery are
    meant to serve (1) as a device, along with the pretrial
    hearing under Rule 20, to narrow and clarify the basic
    issues between the parties, and (2) as a device for
    ascertaining the facts relative to those issues.
    Deposition Discovery Mechanism/Procedure
    What is chiefly contemplated is the discovery
    of every bit of information which may be useful in
    the preparation for trial, such as the identity and
    location of persons having knowledge of relevant
    facts; those relevant facts themselves; and the
    existence, description, nature, custody, condition,
    and location of any books, documents, or other
    tangible things.
    Caguiat vs Torres
    Cariaga vs. Court of
    Appeals
    G.R. No. 143561 June 6, 2001
    Rule 130, Sec. 47
    • Testimony or deposition at a former proceeding.
    • — The testimony or deposition of a witness
    deceased or unable to testify, given in a former
    case or proceeding, judicial or administrative,
    involving the same parties and subject matter, may
    be given in evidence against the adverse party who
    had the opportunity to cross-examine him.
    Rule 115, Sec. 1(f)
    • Rights of the Accused
    • (f) To confront and cross-examine the witnesses
    against him at the trial. Either party may utilize as
    part of its evidence the testimony of a witness who
    is deceased, out of or can not with due diligence be
    found in the Philippines, unavailable, or otherwise
    unable to testify, given in another case or
    proceeding, judicial or administrative, involving the
    same parties and subject matter, the adverse party
    having the opportunity to cross-examine him.

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