DISCOVERY- Device employed by a party to obtain information about relevant matters on the case

from the adverse party in preparation for the trial.

May be used by all the parties to the case.

PURPOSE- Permit mutual knowledge before trial of all relevant facts gathered by both parties.
Serve as an additional device aside from a pre-trial.

DEPOSITION- Taking of the testimony of any person, whether he may be a party or not but at the
instance of a party to action.

DEPOSITION OF A PRISONER
With leave of court, upon terms as the court may prescribe.

BEFORE WHOM TAKEN

Within the Philippines- may be taken before 1. A judge 2. Notary public 3. Any person
authorized to administer oaths if the parties so stipulate in writing.

Outside the Philippines-
1. Secretary of embassy or legation, consul general, consul, vice
consul, or consular agent of the Republic of the Philippines
2. Person or officer as may be appointed by commission or
letters rogatory.
3. A person authorized to administer oaths by written stipulation
of parties.

*** No deposition shall be taken before a person who is

1. A relative within the 6th degree of consanguinity or affinity, or employee, or counsel of any of the parties
2. A relative within the same degree, or employee of such counsel
3. Financially interested in the action.

MODES OF DISCOVERY

1. DEPOSITION PENDING ACTION

(Leave of court required) – After jurisdiction has been acquired over any defendant or over the
property subject of the action, before the service of an answer.

(Leave of court not required) – After an answer has been served.

May be used against:

1. Any party who was present or represented at the taking of the deposition
2. Against one who had due notice of the deposition.

May be used at the trial or upon hearing of a motion or interlocutory proceeding.

PURPOSE: 1.Contradicting or impeaching the testimony of a deponent witness

2. Any purpose by any party, where the deponent is a witness whether or not a
party, if the court finds that:
i. Witness is dead
ii. Witness resides 100 km. away from the place of trial or hearing, or is
out of the Philippines (unless it appears that his absence was procured by the
party offering the deposition)
iii. Witness is unable to attend or testify because of age, sickness,
infirmity, or imprisonment.
iv.
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