N.

MODES OF DISCOVERY

1. What is a deposition?
A deposition is the written testimony of a witness given in the course of a judicial proceeding, in advance of the trial
or hearing, upon oral examination or in response to written interrogatories and where an opportunity is given for
cross-examination (Republic v. Sandiganbayan, G.R. No. 112710, May 30, 2001).

It is the taking of testimony out of court of any person, whether party to the action or not but at the instance of a
party to the action. It is taken out of court (Riano, Bantam Edition, Volume 1, 2016).

Kinds of Depositions
1. Deposition pending action (Rule 23)
2. Depositions before action or pending appeal (Rule 24)

Depositions pending action

The testimony of any person may be taken upon ex parte motion of a party.

Depositions before action

Referred to as perpetuation of testimony because their objective is to perpetuate the testimony of a witness for
future use, in the event of further proceedings (Regalado, Remedial Law Compendium, 2010).

Deposition pending appeal

If an appeal has been taken or the time for taking such has not yet 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 said court (Rule 24, Section 7).

Uses; scope of examination

Depositions are intended as a means to compel disclosure of facts resting in the knowledge of a party or other
person, which are relevant in suit or proceeding (Regalado, Remedial Law Compendium, 2010).

It may be used to contradict or impeach the testimony of deponent as witness.

The deponent may be examined on all matters:

1. Not Privileged;
2. Which are relevant to the subject of pending action made by the pleadings or likely to arise under the
pleadings; and
3. Under such limitations as the court may order

When may objections to admissibility be made?

Subject to the provisions of Section 29 of Rule 23, objections may be made at the trial or hearing to receiving in
evidence any deposition or part thereof for any reason which would require exclusion of evidence if the witness
were then present and testifying (Rule 23, Section 6).

When may taking of deposition be terminated or its scope limited?

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, on motion or petition of any party or of the deponent to cease
forthwith from taking the deposition or may limit the scope and manner of taking of the deposition, upon showing
that the examination is conducted in :
1. Bad faith;
2. In such manner as unreasonably to annoy, embarrass, or oppress the deponent or party;
3. When the inquiry touches upon the irrelevant or encroaches upon the recognized domains of privilege
(Hyatt Industrial v. Levy Construction, G.R. No. 147143, March 10, 2006); or
4. When the constitutional privileges against self-incrimination is invoked by the deponent or by counsel on
his behalf (Isabela Sugar Co. v. Macadaeg, G.R. No. L-5924, 1953).

2. Written Interrogatories to adverse parties

This mode of discovery is availed of by filing and upon the adverse party written interrogatories to be answered by
the party served. If the party is a juridical entity, the written interrogatories shall be answered by any of its officers
competent to testify in its behalf.

The Rule requires that written interrogatories and the answers thereto be filed in court and served on the adverse
party. Hence, the answers may constitute as judicial admissions (Civil Procedure Annotated, Feria, 2010).

Consequences of Refusal to Answer

If a party or an officer or managing agent of a party fails to serve answers to interrogatories submitted under Rule 25
after proper service of such interrogatories, the court on motion and notice, may :
1. Strike out all or any part of any pleading of the party;
2. Dismiss the action or proceeding or any part thereof, or
3. Enter a judgment by default against the party, and
4. In its discretion, order him to pay reasonable expenses incurred by the other, including attorney’s fees.

Effect of Failure to Serve written Interrogatories

As a general rule, 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, unless thereafter allowed by the court for good cause
shown and to prevent a failure of justice (Rule 25, Section 6).

3. Request for Admission

The purpose of the rule governing requests for admission of facts and genuineness of documents is to expedite trial
and to relieve parties of the costs of proving facts which will not be disputed on trial and the truth of which can be
ascertained by reasonable inquiry (Uy Chao v. Dela Rama Steamship Co., G.R. No. L-14495, September 29, 1962).

A party may file and serve the written request at any time after the issues have been joined.

If the matters in a request for admissions have already been admitted or denied in previous pleadings by the
requested party, the latter cannot be compelled to admit or deny them anew (Metro Manila Shopping Mecca Corp.
v. CA, G.R. No. 190818, June 5, 2013).

Implied admission by adverse party

Each of the matters which an admission is requested shall be deemed admitted unless the party to whom request is
directed files and serves upon the party requesting admission a sworn statement either:
1. Denying specifically the matters of which an admission is requested, or
2. Setting forth in detail the reasons why he cannot truthfully either admit or deny those matters (Rule 26, Section 2).
Consequences of failure to answer request for admission
Upon refusal to answer, the proponent may apply to the court for an order to compel an answer.

If granted, the court shall:

a. require the refusing party or deponent to answer; and
b. if it also finds that the refusal to answer was without substantial justification, it may require the
refusing party or deponent or the counsel advising the refusal, or both of them, to pay the proponent
the amount of the reasonable expenses incurred in obtaining the order including attorney’s fees.

Effect of Admission
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 sued against him in any other proceeding
(Rule 26, Section 3).

The court may allow the party making the admission under Rule 26 to withdraw and amend it upon such terms as
may be just (Rule 26, Section 4).

Effect of failure to file and serve request for admission

General Rule: A party who fails to file and serve a request for admission on the adverse party of material and
relevant facts at issue which are, or ought to be, within the personal knowledge of the latter, shall not be permitted to
present evidence on such facts.

Exception: Allowed by the court for good cause shown and to prevent a failure of justice (Rule 29, Section 5).

4. Production or inspection of documents or things

This applies only to pending action and the documents or things subject of the motion must be only those within the
possession, control, or custody of a party.

The purpose of this mode of discovery is to allow a party to seek an order from the court in which the action is
pending to:
1. 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 possession, custody, or control; or
2. Order any party to permit entry upon designated land or other property in his possession or control
for the purpose of inspecting, measuring, surveying, or photographing the property or any designated
relevant object or operation thereon.

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.

5. Physical and mental examination of persons

The order for examination may be made only :
1. In an action in which the mental or physical condition of a party is in controversy (Rule 28, Section 1);
2. On motion;
3. For good cause shown;
4. Upon notice to the party to be examined and to all other parties; and
5. Specify the time, place, manner, conditions and scope of the examination and the person or persons upon whom it
is to be made.

Report of Findings
A copy of the detailed examination report shall be given by the party causing the examination upon request by the
party examined. After such request and delivery, the party causing the examination to be made shall be entitled upon
request to receive from the party examined, a like report of any examination previously or subsequently made, of the
same physical or mental condition.

Refusal to Deliver Reports

The court on motion and notice may make an order requiring delivery on such terms as are just. If a physician fails
or refuse to make such report, the court may exclude his testimony if offered at the trial.

6. Consequences of refusal to comply with modes of discovery

Rule 29

Modes of Discovery Affected Scenario Effect

Section 1. Refusal to Answer
Modes of discovery affected:
1.Depositions upon oral
examination (Rule 24);
2.Depositions upon written
interrogatories (Rule 24); and
3. Interrogatories to parties (Rule
25).
Section 2. Contempt of Court
Section 3. Other Consequences
Modes of Discovery affected:
1.Depositions upon oral
examination (Rule 24);
2.Depositions upon written
interrogatories (Rule 24);
A party or other deponent refuses to
answer any question upon oral
examination or any interrogatory
submitted under Rules 23 or 25.
The court finds that the refusal to
answer (or the filing of the
application) was without substantial
justification.
If a party or other witness refuses to
be sworn or refuses to answer any
question after being directed to do
so by the court of the place in
which the deposition is being taken.
Any party or an officer or managing
agent of a party refuses to obey:
1. An order made under Section 1
of this Rule requiring him to answer
designated questions, or
2. An order under Rule 27 to
produce any document or other
thing for inspection, copying, or
The proponent may apply for an
order to compel an answer.
If granted, the court shall require
the refusing party or deponent to
answer the question or
interrogatory.
The court may require the refusing
party or deponent (or proponent),
the counsel advising the refusal (or
filing of the application), or both of
them, to pay the proponent (or
refusing party or deponent) :
1. The amount of the reasonable
expenses incurred in obtaining the
order (or opposing the application);
and
2. including attorney’s fees.
The refusal may be considered a
contempt of that court.
The court may make such orders in
regard to the refusal as are just, and
among others the following:
1. An order that the matters
regarding which the questions were
asked, or the character or
3. Interrogatories to parties (Rule
25).
4. Production or inspection of
documents and things (Rule 27);
5. Physical and mental examination
of persons (Rule 28).
Section 4. Expenses on Refusal to
Admit
Modes of Discovery affected:
Admission by adverse party (Rule
26)
Section 5. Failure of Party to
photographing or to permit it to be
done, or to permit entry upon land
or property; or
3. An order made under Rule 28
requiring him to submit to a
physical or mental examination.
A party after being served with a
request under Rule 26 to admit the
genuineness of any document or the
truth of any matter of fact:
1. Serve a sworn denial thereof; and
2. The party requesting the
admissions thereafter prove the
genuineness of such document or
the truth of any such matter of fact.
A party or an officer or managing
description of the thing or land, or
the contents of the paper, or the
physical or mental condition of the
party, or any other designated facts
shall be taken to be established
for the purposes of the action in
accordance with the claim of the
party obtaining the order;
2. An order:
a. refusing to allow the disobedient
party to support or oppose
designated claims or defenses; or
b. Prohibiting him from introducing
evidence designated documents or
items of testimony, or from
introducing evidence of physical or
mental condition.
3. An order:
a. Striking out pleadingsor parts
thereof;
b. Staying further proceedings until
the order is obeyed;
c. Dismissing the action or
proceeding or any part thereof; or
d. Rendering a judgment by default
against the disobedient party; and
4. In lieu of any of the foregoing,
orders or in addition thereto, an
order directing the arrest of a party
or agent of a party for disobeying
any of such orders except an order
to submit to a physical or mental
examination.
He may apply to the court for an
order requiring the other party to
pay him the reasonable expenses
incurred in making such proof,
including attorney’s fees.
Unless the court finds that there
were good reasons for the denial or
that admissions sought were of no
substantial importance, such order
shall be issued.
The court on motion and notice
Attend or Serve Answers
Modes of discovery affected:
1.Depositions upon oral
examination (Rule 24);
2.Depositions upon written
interrogatories (Rule 24); and
3. Interrogatories to parties (Rule
25).
agent of a party:
1. Willfully fails to appear before
the officer who is to take his
deposition, after being served with
a proper notice; or
2. Fails to serve answers to
interrogatories submitted under
Rule 25 after proper service of such
interrogatories.
may:
1. Strike out all or any part or any
part of any pleading of that party;
2.Dismiss the action or proceeding
or any part thereof;
3. Enter a judgment by default
against that party; or
4. Order him, in its discretion to
pay reasonable expenses incurred
by the other, including attorney’s
fees.