Rules Sections Old Rule
RULE 23: Sec. 21. Notice of The officer taking the
Depositions filing deposition shall give
Pending Action prompt notice of its filing to
all the parties.
Sec. Upon payment of
22. Furnishing reasonable charges
copies therefor, the officer shall
furnish a copy of the
deposition to any party or
to the deponent.
Sec. 23. Failure to If the party giving the
attend of party notice of the taking of a
giving notice. deposition fails to attend
and proceed therewith and
another attends in person
or by counsel pursuant to
the notice, the court may
order the 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 reasonable
attorney's fees.  including reasonable
Sec. 24. Failure of If the party giving the
party giving notice of the taking of a
notice to serve deposition of a witness
subpoena. fails to serve a subpoena
upon him and the witness
because of such failure
does not attend, and if
New Rule
No changes
No changes
If the party giving the
notice of the taking of a
deposition fails to attend
and proceed therewith
and another attends in
person or by counsel
pursuant to the notice, the
court may order the party
giving the notice to pay
such other party the
amount of the reasonable
expenses incurred by him
or her and his or her
counsel in so attending,
attorney's fees.
If the party giving the
notice of the taking of a
deposition of a witness
fails to serve a subpoena
upon him or her and the
witness because of such
failure does not attend,
 another party attends in
person or by counsel
because he expects the
deposition of that witness
to be taken, the court may
order the party giving the
notice to pay to such other
party the amount of the
reasonable expenses
incurred by him and his
counsel in so attending,
including reasonable
attorney's fees.  so attending, including
Sec. A party desiring to take the
25. Deposition deposition of any person
upon written upon written
interrogatories; interrogatories shall serve
service of notice them upon every other
and of party with a notice stating
interrogatories. the name and address of
the person who is to
answer them and the
name or descriptive title
and address of the officer
before whom the
deposition is to be taken.
Within ten (10) days
thereafter a party so
served may serve cross-
interrogatories upon the
party proposing to take the
deposition. Within five (5)
days thereafter the latter
and if another party
attends in person or by
counsel because he or
she expects the
deposition of that witness
to be taken, the court may
order the party giving the
notice to pay such other
party the amount of the
reasonable expenses
incurred by him or her
and his or her counsel in
reasonable attorney's
fees.
A party desiring to take
the deposition of any
person upon written
interrogatories 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 or descriptive title
and address of the officer
before whom the
deposition is to be taken.
Within ten (10) calendar
days thereafter, a party
so served may serve
crossinterrogatories upon
the party proposing to
take the deposition.
Within five (5) calendar
 may serve re-direct
interrogatories upon a
party who has served
cross-interrogatories.
Within three (3) days after
being served with re-direct
interrogatories, a party
may serve recross-
interrogatories upon the
party proposing to take the
deposition.
Sec. 26. Officers A copy of the notice and
to take responses copies of all interrogatories
and prepare served shall be delivered
record by the party taking the
deposition the officer
designated in the notice,
who shall proceed
promptly, in the manner
provided by sections 17,
19 and 20 of this rule, to
take the testimony of the
witness in response to the
interrogatories and to
prepare, certify, and file or
mail the deposition,
attaching thereto the copy
of the notice and the
interrogatories received by
him.
Sec. 27. Notice of When a deposition upon
days thereafter the latter
may serve re-direct
interrogatories upon a
party who has served
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.
A copy of the notice and
copies of all
interrogatories served
shall be delivered by the
party taking the
deposition to the officer
designated in the notice,
who shall proceed
promptly, in the manner
provided by Sections 17,
19 and 20 of this Rule, to
take the testimony of the
witness in response to the
interrogatories and to
prepare, certify, and file or
mail the deposition,
attaching thereto the copy
of the notice and the
interrogatories received
by him or her.
No changes
filing and interrogatories is filed, the
furnishing officer taking it shall
copies.  promptly give notice
thereof to all the parties,
and may furnish copies to
them or to the deponent
upon payment of
reasonable charges
therefor.
Sec. 28. Orders After the service of the No changes
for the protection interrogatories and prior to
of the parties and the taking of the testimony
deponents.  of the deponent, the court
in which the action is
pending, on motion
promptly made by a party
or a deponent, and for
good cause shown, may
make any order specified
in sections 15, 16 and 18
of this Rule which is
appropriate and just or an
order that the deposition
shall not be taken before
the officer designated in
the notice or that it shall
not be taken except upon
oral examination
Sec. 29. Effect of (a) As to notice.— All No changes
errors and errors and irregularities
irregularities in in the notice for taking
depositions.—  a deposition are
waived unless written
objection is promptly
served upon the party
 giving the notice.  

(b) As to disqualification of No changes

officer.— Objection to
taking a deposition
because of disqualification
of the officer before whom
it is to be taken is 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.

 (c) As to competency or
relevancy of evidence.— No changes
Objections to the
competency of a witness
or the competency,
relevancy, or materiality of
testimony are not waived
by failure to make them
before or during the taking
of the deposition, unless
the ground of the objection
is one which might have
been obviated or removed
if presented at that time.

 (d) As to oral examination

and other particulars. — No changes
Errors and irregularities
occurring at the oral
examination in the manner
of taking the deposition, in
the form of the questions
or answers, in the oath or
affirmation, or in the
conduct of the parties and
errors of any kind which
might be obviated,
removed, or cured if
promptly prosecuted, are
waived unless reasonable
objection thereto is made
at the taking of the
deposition. 

(e) As to form of written

interrogatories.—
Objections to the form of Objections to the form of
written interrogatories written interrogatories
submitted under sections submitted under Sections
25 and 26 of this rule are 25 and 26 of this Rule are
waived unless served in waived unless served in
writing upon the party writing upon the party
propounding them within propounding them within
the time allowed for the time allowed for
serving succeeding cross serving succeeding cross
or other interrogatories and or other interrogatories
within three (3) days after and within three (3)
service of the last calendar days after
interrogatories authorized.  service of the last
interrogatories authorized

(f) As to manner of
preparation. — Errors and
No changes
 irregularities in the 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 under sections
17, 19, 20 and 26 of this
Rule are waived unless a
motion to suppress the
deposition or some part
thereof is made with
reasonable promptness
after such defect is, or with
due diligence might have
been, ascertained. 

Rules Sections Old Rule New Rule

Rule 24: Depositions Section 1. Depositions A person who desires A person who desires
Before Action or before action; petition. to perpetuate his own to perpetuate his or
Pending Appeal testimony or that of her own testimony or
another person that of another person
regarding any matter regarding any matter
that may be cognizable that may be cognizable
in any court of the in any court of the
Philippines, may file a Philippines, may file a
verified petition in the verified petition in the
court of the place of court of the place of
the residence of any the residence of any
expected adverse expected adverse
party. party.
Section 2 The petition shall be
entitled in the name of
Contents of petition.
the petitioner and shall
show:
No changes
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 (b) the subject matter

matter of the of the expected action
expected action and his or her interest
and his interest therein;
therein;

c. the facts which (c) the facts which he

he desires to or she desires to
establish by the establish by the
proposed proposed testimony
testimony and and his or her reasons
his reasons for for desiring to
desiring to perpetuate it;
perpetuate it;
(d) the names or a
d. the names or a
description of the
description of
persons he or she
 the persons he expects will be adverse
expects will be parties and their
adverse parties addresses so far as
and their known; and
addresses so
far as known;
and
(e) the names and
e. the names and
addresses of the
addresses of
persons to be
the persons to
examined and the
be examined
substance of the
and the
testimony which he or
substance of the
she expects to elicit
testimony which
from each, and shall
he expects to
ask for an order
elicit from each,
authorizing the
and shall ask for
petitioner to take the
an order
depositions of the
authorizing the
persons to be
petitioner to
examined named in
take the
the petition for the
depositions of
purpose of
the persons to
perpetuating their
be examined
testimony.
named in the
petition for the
purpose of
perpetuating
their testimony.

Section 3. Notice and The petitioner shall The petitioner shall

service. serve a notice upon serve a notice upon
each person named in each person named in
the petition as an the petition as an
 expected adverse expected adverse
party, together with a party, together with a
copy of the petition, copy of the petition,
stating that the stating that the
petitioner will apply to petitioner will apply to
the court, at a time and the court, at a time and
place named therein, place named therein,
for the order described for the order described
in the petition. At least in the petition. At least
twenty (20) days twenty (20) calendar
before the date of the days before the date
hearing, the court shall of the hearing, the
cause notice thereof to court shall cause
be served on the notice thereof to be
parties and prospective served on the parties
deponents in the and prospective
manner provided for deponents in the
service of summons. manner provided for
service of summons.

Section 4 If the court is satisfied No changes

that the perpetuation of
Order and
the testimony may
examination. —
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.

Section 5. Reference For the purpose of No changes

to court. 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.

Section 6. Use of If a deposition to No changes

deposition 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.

Section 7. Depositions If an appeal has been If an appeal has been

pending appeal. taken from a judgment taken from a judgment
of a court, including the of a court, including the
Court of Appeals in Court of Appeals in
proper cases, or before proper cases, or before
the taking of an appeal the taking of an appeal
if the time therefor has if the time therefor has
not expired, the court not expired, the court
in which the judgment in which the judgment
was rendered may was rendered may
allow the taking of allow the taking of
depositions of depositions of
witnesses to witnesses to
perpetuate their perpetuate their
testimony for in the testimony for in the
event of further event of further
proceedings in the said proceedings in the said
court. In such case the court. In such case the
party who desires to party who desires to
perpetuate the perpetuate the
testimony may make a testimony may make a
motion in the said court motion in the said court
for leave to take the for leave to take the
depositions, upon the depositions, upon the
same notice and same notice and
service thereof as if the service thereof as if the
action was pending action was pending
therein. The motion therein. The motion
shall state (a) the shall state (a) the
names and addresses names and addresses
of the persons to be of the persons to be
examined and the examined and the
substance of the substance of the
testimony which he testimony which he or
expects to elicit from she expects to elicit
each, and (b) the from each, and (b) the
reason for reason for perpetuating
perpetuating their their testimony. If the
testimony. If the court court finds that the
finds that the perpetuation of the
perpetuation of the testimony is proper to
testimony is proper to avoid a failure or delay
avoid a failure or delay of justice, it may make
of justice, it may make an order allowing the
an order allowing the deposition to be taken,
deposition to be taken, and thereupon the
and thereupon the depositions may be
depositions may be taken and used in the
taken and used in the same manner and
same manner and under the same
under the same conditions as are
conditions as are prescribed in these
prescribed in these Rules for depositions
Rules for depositions taken in pending
taken in pending actions.
actions.