Rule 23

Question 1

What is discovery?

Answer 1

Discovery is the procedure by which one party in an action is enabled to obtain before trial knowledge of relevant facts and of material evidence in the possession of the adverse party or of a witness

Question 2

What is the purpose of discovery?

Answer 2

to enable the parties to obtain to the fullest possible knowledge of the issues and evidence long before the trial to prevent such trial from being carried on in the dark

gives assistance in ascertaining the truth and preventing perjury

provides an effective means of detecting and exposing false, fraudulent claims and defenses

Question 3

what are the 5 modes of discovery?

Answer 3

1. depositions (pending action, before action or pending appeal)
2. written interrogatories to parties
3. request for admission of adverse parties
4. production or inspection of documents and things
5. physical and mental examination of persons

Question 4

What is the rule as regards the use of modes of discovery?

Answer 4

the use of discovery is not mandatory but failure to avail carries with it sanctions under rules 25 and 26

Question 5

what is a deposition?

Answer 5

is a testimony of a witness put or taken into writing under oath or affirmation before a commissioner, examiner or other judicial officer, in answer to interlocutory and cross-interlocutory, and usually subscribed by the witness

Question 6

What is a judicial affidavit?

Answer 6

it is an affidavit containing questions propounded to the witness and the answers of the witness in a direct examination. It is mandatory specially in civil cases so that the witness during trial, the witness will not be subject to direct examination anymore.

Question 7

Limitations to the Scope of Examination:

Answer 7

1. Matter is relevant to the subject of the pending action made by the pleadings or likely to arise under the pleadings
   2.it is not privileged
   3.it is not restricted by a protection order

Question 8

CLASSIFICATION OF DEPOSITIONS

Answer 8

1. Deposition de bene esse - one taken in a pending action
2. Deposition in perpetuam rei memoriam - those taken prior to the institution of an apprehended or intended
   action

Question 9

DEPOSITION PENDING ACTION (DE BENE ESSE) When Taken (Sec. 1)

Answer 9

This provision applies to actions pending in a trial court (MTC or RTC).

Question 10

What is the Scope of Examination (Sec. 2) for depositions pending action?

Answer 10

The deponent may be examined regarding any matter.

Question 11

USE OF DEPOSITIONS

Answer 11

The deposition may be used against any party who was present or was represented at the taking of the deposition
or who had due notice thereof, in accordance with ANY one of the following provisions:
1. Any deposition may be used by any party for the purpose of contradicting or impeaching the
testimony of deponent as a witness;
2. The deposition of a party or of any one who at the time of taking the deposition was an officer,
director, or managing agent of a public or private corporation, partnership, or association which is a party
may be used by an adverse party for any purpose;
3. Instances where deposition of any witness may be used for ANY purpose:
a. Death
b. Non-resident of deponent
c. Disability of a witness
d. Non-procurement of a Subpoena
e. Exceptional circumstances
4. If only part of a deposition is offered in evidence by a party, the adverse party may require him to
introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.

Question 12

WHO CAN BE A DEPOSITION OFFICER:

Answer 12

A judge (not necessarily the judge who is handling the case), a notary
public (a lawyer duly commissioned by the court to notarize legal documents) or the person referred to in Section 14
(any person authorized to administer oaths such as a prosecutor, labor arbiter, etc)