Rule 22 Computation of Time
If the court finds that the refusal was without substantial justification, it may
GR: The day of the act or event from which the designated period begins to run
is to be excluded and the date of performance included.
If the last day of the period computed, falls on a Saturday or a Sunday, or a legal
holiday in the place where the court sits, the time shall not run until the next working
day.
Objective (modes of discovery)
1. To enable a party to obtain knowledge of material facts within the knowledge
of the adverse party or of third parties through depositions;
2. To obtain knowledge of material facts or admissions from the adverse party
through written interrogatories;
3. To obtain admissions from the adverse party regarding the genuineness of
relevant documents or relevant matters of fact through requests for
admissions;
4. To inspect relevant documents or objects, and lands or other property in the
possession and control of the adverse party; and
5. To determine the physical or mental condition of a party when such is in
controversy
Q: What are the consequences of refusal to comply with modes of discovery?
A. The examining party may complete the examination on the other matters or
adjourn to the same
B. Thereafter, on reasonable notice to all persons affected thereby, he may apply
to the court of the province where the deposition is being taken for an order
compelling answer
C.
order the refusing party or the attorney advising him or both of them to pay
the examining party the amount of reasonable attorney’s fees
D. The refusal to answer may be considered as contempt of court
E. The court may order that the facts sought to be established by the examining
party shall be taken to the established for the purpose of the action in
accordance with the claim of the party obtaining the order
F. The court may issue an order refusing to allow the disobedient party to
support or oppose designated claims or defenses or prohibiting him from
introducing in evidence designated documents or thing or items of testimony
G. The court may order the striking out of pleadings or party thereof
H. The court may stay further proceedings until the order is obeyed
I. The court may dismiss the action or proceeding or any party thereof, or render
judgment by default against the disobedient party
J. The court may order the arrest of any party who refuses to admit the truth of
any matter of fact or the genuineness of any document to pay the party who
made the request and who proves the truth of any such matters or the
genuineness of such document, reasonable expenses incurred in making such
proof, including reasonable attorney’s fees.
Q: What are the advantages (mode of discovery)
A:
1. To avoid perjury (fresh from the memory)
2. The party will not be coached by his counsel
3. A party whose disposition at the early stage, cannot offer in contrary
4. Testimony is preserved
5. Detecting and exposing false and fraudulent and sham defenses
6. Litigation in a simple and inexpensive way
 7. It educates the parties in trial in advance and it encourages settlement outside 3. For any purpose by any party, where the deponent is a witness if the court
court finds that:
8. Expedites disposal of disposition A. The witness is dead;
9. It prevents delay and simplify issues B. The witness resides more than 100 kilometers from the place of trial or
10. It facilitates both the trial and preparation of stages hearing, or is out of the Philippines, unless it appears that his absence was
procured by the party offering the deposition;
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C. That the witness is unable to attend or testify because of age, sickness,
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infirmity, or imprisonment; or
DEPOSITIONS AS MODE OF DISCOVERY D. That the party offering the deposition has been unable to procure the
attendance of witnesses by subpoena; or
NOTE: DEPOSITIONS AS MODE OF DISCOVERY IS NOT APPLICABLE E. When exceptional circumstances exist
IN CRIMINAL CASES.
Q: What is the meaning of deposition?
Q: What is the scope of the examination?
A: It is the taking of the testimony of any person, whether he be a party or not. But at
the instance of a party to the action. This testimony is taken out of court. It may be GR: the deponent may be examined regarding ANY MATTER, not privileged, which
either by oral examination, or by a written interrogatory. is relevant to the pending action.

Q: What are the kinds of depositions? Exception: Unless otherwise ordered by the court

A: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXX
Deposition de bene esse Deposition in perpetua rei memoriam
One taken pending action One taken prior to the institution of an ADMISSIONS
apprehended or intended action
Q: When may Objections to Admissibility be made?
A: At the trial or hearing to receiving in evidence any deposition or part thereof for
Q: What are the purposes of a deposition?
any reason which would require the exclusion of the evidence if the witness were then
A: present and testifying.
1. For contradicting or impeaching the testimony of the deponent as a witness; Q: When may taking of deposition be terminated or its scope limited?
2. For any purpose by the adverse party where the deponent is a party;
A:
At any time during the taking of the deposition, on motion or petition of any party or answers shall be deferred until the objections are resolved, which shall be at as
of the deponent and upon showing that the examination is being conducted in bad early as time as is practicable.
faith or in such manner as reasonably to anny,embarrass, or oppress the deponent or
party, the court in which the action is pending or the RTC of the place where the
deposition is being taken may order the officer conducting the examination to cease Q: What are the consequences of refusal to answer?
forthwith from taking the deposition or may limit the scope and manner of the taking
of the deposition. A:
If a party or other Application is granted Application is denied
deponent refuses to
Written Interrogatories to adverse parties answer any question upon
oral examination
By leave of court Without leave The examination may be The court shall require the -and the court finds that it
After jurisdiction has been obtained After an answer has been served, any completed on other refusing party or deponent was filed without
over any defendant or over property party desiring to elicit material and matters or adjourned as to answer the question or substantial justification,
which is the subject of the action relevant facts from any adverse parties the proponent of the interrogatory the court may require the
shall file and serve upon the latter question may prefer. If it also finds that the proponent or the counsel
written interrogatories to be answered by The proponent may refusal to answer was advising the filing of the
the party served. thereafter apply to the without substantial application, or both of
proper court of the place justification, it may them, to pay to the
If a party served is a public or private where the deposition is require the refusing party refusing party or deponent
corporation or a partnership or being taken, for an order or deponent or the counsel the amount of the
association, by any officer thereof to compel an answer. advising the refusal, or reasonable expenses
competent to testify in its behalf. both of them, to pay the incurred in opposing the
proponent the amount of application, including
- The interrogatories shall be answered fully in writing, signed and sworn to by the reasonable expenses attorney’s fees.
incurred in obtaining the
the person making them.
order, including
- The party whom the interrogatories have been served shall file and serve a
attorney’s fees.
copy of the answers on the party submitting the interrogatories within fifteen
(15) days after service thereof unless the court on motion and for good cause
shown, extends or shortens the time. -If a party or other witness refuses to be sworn or refuses to answer any question after
- When objections to any interrogatories is presented to the court within ten being directed to do so by the court of the place in which the deposition is being
(10) days after service thereof, with notice as in a case of a motion; and taken, the refusal may be considered a contempt of that court.
-If any party or an officer or managing agent of a party refuses to obey an order made
under this Rule, the court may make such orders in regard to the refusal as are just
Request for Admission
and among others the following:
- A party, although not compelled by the Rules, is advised to file and serve a
An order that the An order refusing An order striking In lieu of any of
written request for admission on the adverse party of those material and
matters regarding to allow the out pleadings or the foregoing
which the disobedient party part thereof, or orders or in relevant facts at issue which are, or ought to be, within the personal
questions were so support or staying further addition thereto, an knowledge of said adverse party.
asked or the oppose designated proceedings until order directing the - The party who fails to file and serve the request shall not be permitted to
character or claims or defenses the order is obeyed arrest of any party present evidence on such facts
description of the or prohibiting him or dismissing the or agent of a party
thing or land, or from introducing action or for disobeying any
the contents of the in evidence proceeding or any of such orders Q: What is implied admission by adverse party?
paper, or the designated part thereof, or except an order to
physical or mental documents or rendering a submit to a A:
condition of the things or items of judgment by physical or mental
-each of the matters of which an admission is requested shall be deemed admitted
party, or any other testimony or from default against the examination.
designated facts introducing disobedient party -UNLESS within a period designated in the request, which shall not be less than
shall be taken to evidence of fifteen (15) days after service thereof, or within such further time as the court may
be established for physical or mental allow on motion, the party to whom the request is directed files and serves upon the
the purposes of the condition party requesting the admission a sworn statement either denying specifically the
action in
matters of which an admission is requested or settling forth in detail the reasons why
accordance with
he cannot truthfully either admit or deny those matters.
the claim of the
party obtaining the
order.
Q: What is the effect of admission?

Q: What is the effect of failure to serve written interrogatories?
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 deposition pending appeal
Exception: unless allowed by the court or to prevent a failure of justice.
A: Any admission made by a party pursuant to such request is for the purpose of the
pending action only and shall not constitute an admission by him for any other
purpose nor may the same be used against him in any other proceeding.
Q: What is the effect of failure to file and serve request for admission?
A: A party who fails to file and serve a request for admission on the adverse party of 4. The document or thing sought to be produced or inspected must constitute or
material and relevant facts at issue which are, or ought to be, within the personal contain evidence material to the pending action
knowledge of the latter, shall not be permitted to present evidence on such facts. 5. The document or thing sought to be produced or inspected must not be
privileged
6. The document or thing sought to be produced or inspected must be in the
Production or inspection of documents or things possession of the adverse party or, at least under his control.
- The court ruled that the availment of a motion for production as one of the
Upon motion of any party showing good cause therefor, the court in which an action modes of discovery, is not limited to the pre-trial stage
is pending may:
Order any party to produce and permit Order any party to permit entry upon
the inspection and copying or designated land or other property in his 2002 Bar: The plaintiff sued the defendant in the RTC to collect on a promissory
photographing, by or on behalf of the possession or control for the purpose of note, the terms of which were stated in the complaint and a photocopy attached to
moving party, of any designated inspecting, measuring, surveying, or the complaint and as an annex. Before answering; the defendant filed a motion for
documents, papers, books, accounts, photographing the property or any an order directing the plaintiff to produce the original of the note so that the
letters, photographs, objects or tangible designated relevant object or operation defendant could inspect it and verify his signature and the handwritten entries of
things, not privileged, which constitute thereon. the dates and amounts.
or contain evidence material to any
matter involved in the action and which The order shall specify the time, place a. Should the judge grant the defendant’s motion for production and inspection
are in his possession, custody or control and manner of making the inspection of the original of the promissory note?
and taking copies and photographs, and
may prescribe such terms and conditions Answer: Yes, because upon motion of any party showing good cause, the court in
as are just. which the action is pending may order any party to produce and permit the
inspection of designated documents. The defendant has the right to inspect and
verify the original of the promissory note so that he could intelligently prepare his
Q: What are the requirements for the production or inspection of documents or
answer.
things?
b. Assuming that an order for production and inspection was issued but the
A:
plaintiff failed to comply with it, how should the defendant plead to the
1. A motion must be filed by a party showing good cause therefor; alleged execution of the note?
2. The motion must sufficiently describe the document or thing sought to be
Answer: The defendant is not required to deny under oath the genuineness and
produced or inspected
due execution of the promissory note, because of the non-compliance by the
3. The motion must be given to all the other parties;
plaintiff with the order for production and inspection of the original thereof.
Q: What are the requirements of physical and mental examination of
persons?
A:
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I. The physical or mental condition of a party must be in controversy in the XXXXXXX
action;
TRIAL
II. A motion showing good cause must be filed
III. Notice of the motion must be given to the party to be examined and to all During the pre-trial and trial the evidence will be marked in order to prevent
the other parties. suppression of this evidence
What are some grounds for evidences not to be admitted?
Q: What are the rules governing the rights of parties on the report of the -incompetency, irregularity of the evidence
examining physician regarding the physical or mental condition of party
examined: Note: during the pre-trial stage, the identity and personal knowledge of the witness is
important
I. The person examined shall, upon request, be entitled to a copy of the
detailed written report of the examining physician setting out his findings What are the evidences to be submitted during the pre-trial stage?
and conclusions; A. Object
II. The party causing the examination to be made shall be entitled upon B. Evidences
request to receive from the party examined, a like report of any C. Testimony
examination previously or thereafter made, of the same physical or mental
condition, During the trial period- mutual knowledge by both parties is relevant.
III. If the party examined refuses to deliver such report, the court on motion What is the remedy if they refused to disclose them?
and notice may make an order requiring delivery;
a. If a physician fails or refuses to make such report, the court may -it can be cited by contempt
exclude his testimony if offered at the trial.
IV. The party examined who obtains a reports of the examination or takes the
deposition of the examiner waives any privilege he may have in that action Other benefits of the pre-trial stage
or any other action involving the same controversy, regarding the 1. Great assistance in preventing perjury
testimony of every other person who has examined or may thereafter 2. Limit of controverted facts
examine him in respect of the same mental or physical examination.
What are the issues to be submitted to the court? Direct testimony of a witness is more time consuming than a judicial affidavit.
1. Those which are to be combined Q: What are the own rights of witnesses?
2. Those that are practically related to each other
A:
3. Evidences of the plaintiff
4. Evidences of the defendant 1. They are supposed to be protected from insulting or harsh demeanor
5. Marked the evidences alphabetically 2. Not to be detained longer than required by law
6. Evidence then testimonial of the plaintiff 3. Not to be examined except as to matters only relevant to the issues
7. Evidence then testimonial of the defendant 4. Not to give an answer that till subject him to an offense UNLESS PROVIDED
8. Submission of other evidences such as applicable laws and jurisprudence BY LAW.
5. Not to give answer to degrade his person but a witness must answer to his or
her previous conviction.
Q: What is the order of examination of a witness?
Rule 34 and 35: Judgment and Summary- the court may moto proprio dismiss the
A:
case if it is apparent that it did not enter into any issue or if it admits all evidences.
1. Direct examination
2. Cross examination
Q: What happens during the summary judgment? 3. Re-direct examination
4. Re-cross examination
A: The party seeking to recover any claim or relief move with supporting evidences.
These admissions can be separated from other issues (advantage of depositions). Note: in indirect examination leading questions are not allowed.
Q: What is the purpose of cross-examination?
Anywhere in the Philippines Foreign State A: the adverse party can ask any relevant matter regarding the truthfulness, bias and
Before any judge or notary public On notice before secretary or consular elicit all important facts that was given during the direct examination. LEADING
or agents of the Republic of the QUESTIONS CAN BE ASKED.
Philippines. There should be a letter
preparatory requesting another court to Q: What happens during a re-direct examination?
take the deposition. A: The party calling him or her to supplement answers given during the cross-
examination.
Note: deponent as a rule must be present at the trial to identify disposition.
Q: Can leading questions be allowed to asked during cross-examinations?
Gr: No.
Exceptions:
(a) On cross examination;
(b) On preliminary matters;
(c) When there is a difficulty is getting direct and intelligible answers from a witness
who is ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute;
(d) Of an unwilling or hostile witness; or
(e) Of a witness who is an adverse party or an officer, director, or managing agent of
a public or private corporation or of a partnership or association which is an adverse
party.
MORE COMPREHENSIVE NOTES
Q: What is a trial?
A: It is the judicial process of investigating and determining the legal controversies,
starting with the production of evidence by the plaintiff and ending with his closing
arguments.
Adjournments and postponements
GR: The court may adjourn a trial from day to day, and to any stated time, as the
expeditious and convenient transaction of business may require.
Exception: the court has no power to adjourn a trial for a period longer than one
month from each adjournment, nor more than three (3) months in all, except when
authorized in writing by the Court Administrator.
A MOTION FOR POSTPONEMENT SHOULD NOT BE FILED ON THE LAST
HOUR ESPECIALLY WHEN THERE IS NO REASON WHY IT COULD NOT
HAVE BEEN PRESENTED EARLIER.
-it is addressed to the sound discretion of the court.
Q: What are the requisites of motion to postpone trial for absence of evidence?
A:
I. A motion for postponement must be filed
II. The motion must be supported by an affidavit or sworn certification
showing the materiality or relevancy of the evidence and that due
diligence has been used to procure it.
NOTE: IF THE ADVERSE PARTY ADMITS THE FACTS GIVEN IN EVIDENCE
THE TRIAL SHALL NOT BE POSTPONED EVEN IF HE RESERVES THE
RIGHT TO OBJECT TO THE ADMISSIBILITY OF THE EVIDENCE.
Q: What are the requisites of motion to postpone trial due to illness of party or
counsel?
A:
I. A motion for postponement must be filed;
II. The motion must be supported by an affidavit or sworn certification
showing that the presence of the party or counsel at the trial is
indispensable and that the character of his illness is such as to render his
non-attendance excusable.
Agreed statement of facts- Note: IF SEVERAL DEFENDANTS OR THIRD PARY DEFENDANTS AND
SO FORTH HAVING SEPARATE DEFENSES APPEAR BY DIFFERENT
- If the parties agree, in writing, on the facts involved in the action, they may
COUNSEL, THE COURT SHALL DETERMINE THE RELATIVE ORDER OF
then ask the court to render judgment thereon without the introduction of
PRESENTATION OF THEIR EVIDENCE.
evidence
- Neither of the parties may withdraw from the agreement nor may the court
ignore the same
Delegation of reception of evidences
- If the agreement of facts is partial, trial shall be held as to others
- The agreed statement of facts is conclusive on the parties, as well as on the GR: The judge of the court where the case is pending shall personally receive the
court. evidence to be adduced by the parties.
Exception: Reception of the evidence may nevertheless be delegated to the clerk
of court who is a member of the bar, in any of the following cases:
Q: What is the order of trial?
a. In default hearings
A:
b. In ex parte hearings; or
i. The plaintiff shall adduce evidence in support of his complaint; c. In any case by written agreement of the parties
ii. The defendant shall then adduce evidence in support of his defense,
counterclaim, cross-claim and third party complaint
iii. The third party defendant, if any, shall adduce evidence of his defense, Q: What is trial by commissioners?
counterclaim, cross-claim and fourth-party complaint
iv. The fourth party, and so forth, if any shall adduce evidence of the material A: Commissioner includes a referee, an auditor and an examiner
facts pleaded by them;
v. The parties against whom any counterclaim or cross-claim has been
pleaded, shall adduce evidence in support of their defense, in the order to Q: What is reference by consent?
be prescribed by the court A: By written consent of both parties, the court may order any or all of the issues
vi. The parties may then respectively adduce rebutting evidence only, unless in a case to be referred to a commissioner to be agreed upon by the parties or to be
the court, for good reasons and in the furtherance of justice, permits them appointed by the court.
to adduce evidence upon their original case; and
vii. Upon admission of the evidence, the case shall be deemed submitted for
decision, unless the court directs the parties to argue or to submit their Q: What are the instances when a court can direct a reference to a commissioner?
respective memoranda or any further pleadings.
 A: iii. May issue
subpoenas and
i. When the trial of an issue of fact requires the examination of a long subpoenas duces
account on either side, in which case the commissioner may be directed to tecum, and
hear and report upon the whole issue or any specific question involved swear witnesses;
therein; and
ii. When the taking of an account is necessary for the information of the court iv. Rule upon the
before judgment, or for carrying a judgment or order into effect; admissibility of
iii. When a question of fact, other than upon the pleadings, arises upon motion evidence, unless
or otherwise, in any stage of a case, or for carrying a judgment or order otherwise
into effect. provided in the
order of
reference.
Q: What are the powers of the commissioner?
Commissioner’s report; notice to parties and hearing on the report
Under the rules, the The order may also fix Subject to such limitations
court’s order may specify the date for beginning stated in the order, the -upon completion of the trial or hearing or proceeding before the commissioner, he
or limit the powers of the and closing of the commissioner: shall file with the court his report in writing upon the matters submitted to him by the
commissioner. Hence, the hearings and for the i. Shall exercise order of reference
order may direct him to: filing of his report. the power to
i. Report only regulate the -when his powers are not specified or limited, he shall set forth his findings of fact
upon particular proceedings in and conclusions of law in his report.
issues; every hearing
ii. Do or perform before him; -he shall attach in his report all exhibits, affidavits, depositions, papers and the
particular acts; ii. Shall do all acts transcript, if any, of the evidence presented before him
or and take all -the commissioner’s report is not binding upon the court which is free to adopt,
iii. Receive and measure
modify, or reject, in whole or in part, the report.
report evidence necessary or
only. proper for the -Notice of the filing of the report must be sent to the parties for the purpose of giving
efficient them an opportunity to present their objections. The failure to grant the parties, in due
performance of form, this opportunity to object may, in some instances, constitute a serious error in
his duties under violation of their substantial rights.
the order
-GR: in the hearing to be conducted on the commissioner’s report, the court will
review only so much as may be drawn in question by proper objections.
Exceptions: although the parties were not notified of the filing of the commissioner’s
reports and the court failed to set raid report for hearing, if the parties who appeared
before the commissioner were duly represented by counsel and given an opportunity
to be heard. The requirement of due process has been satisfied, and a decision on the
basis of such report, with the other evidence of the case is a decision which meets the
requirements of fair and open hearing.