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A trial court has no discretion to determine what the consequences of a party's refusal to allow or make discovery should be; it is the law which makes that determination; and it is grave abuse of discretion for the Court to refuse to recognize and observe the effects of that refusal as mandated by law.

RULE 24

DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

DEPOSITIONS BEFORE ACTION DEPOSITIONS PENDING APPEAL

Who can

apply? A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the Philippines (Section 1)

Any person can perpetuate their testimony for use in the event of further proceedings in the said court (Section 7) What to file? a verified petition, contents of which are:

The petition shall be entitled in the name of the petitioner and shall show:

1. 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;

2. the subject matter of the expected action and his interest therein;

3. the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it;

4. the names or a description of the persons he expects will be adverse parties and their addresses so far as known; and

5. the names and addresses of the persons to be examined and the substance of the

motion upon notice and service,

contents of which are:

1. the names and addresses of the persons to be examined and

2. the substance of the testimony which he expects to elicit from each; and

3. the reason for perpetuating their testimony (Section 7)

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testimony which he expects to elicit from each, and

6. shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony. (Section 1 & 2)

Where to apply?

in the court of the place of the residence of any expected adverse party (Section 1)

the court in which the judgment was rendered (Section 7)

When to file? Before the action. Depositions before action is only

applicable in civil cases. At any time before judgment becomes final: 1. If an appeal has been taken from a

judgment of a court, including the Court of Appeals in proper cases, or

2. before the taking of an appeal if the time therefore has not expired (Section 7)

Court order and

examination

If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken, which shall:

1. designate or describe the persons whose deposition may be taken and 2. specify the subject matter of the examination and

3. specify whether the depositions shall be taken upon oral examination or written interrogatories. (Section 4 & 7)

RULE 25

NTERROGATORIES TO PARTIES

Section 1 Interrogatories to parties; service thereof

WHO CAN APPLY?

ANY PARTY desiring to elicit material and relevant facts FROM ANY ADVERSE PARTY shall file and serve upon the latter written interrogatories to be answered by the party served.

If the person served is a private or public corporation, partnership or association, then it will be answered by any officer competent to testify in its behalf. (Section 1)

DO YOU NEED LEAVE OF COURT FOR WRITTEN INTERROGATORIES?

DEPENDS. If an answer has NOT YET BEEN served, you need leave of court, but if the answer HAS BEEN served, then you do not need leave of court. (Section 1, cross refer to Rule 23 Section 1)

‚ Interrogatories and the answers thereto should be filed in court and served on adverse parties, so that the answers may constitute judicial admissions. (Rule 129, Section 4)

‚ INTERROGATORIES BILL OF PARTICULARS Disclosure of matters of proof Disclosure only of matters which define the issues

May be made part of the

records as evidence Become a part of the pleadings Section 2. Answer to interrogatories

WHAT IS THE FORM OF AN ANSWER TO INTERROGATORIES?

1. answered fully in writing and

2. signed and sworn to by the person making them. (Section 2)

Section 3. Objections to interrogatories

WHEN DO YOU MAKE OBJECTIONS TO INTERROGATORIES?

Objections to any interrogatories may be presented to the court within ten (10) days after service thereof, with notice as in case of a motion; and answers shall be deferred until the objections are resolved, which shall be set at an early time, as practicable. (Section 3)

‚ 15 days to answer. 10 days to object. In case objection is denied, you still have 5 days to file an answer.

Section 4. Number of interrogatories

HOW MANY INTERROGATORIES CAN YOU FILE? No party may, without leave of court, serve more than one set of interrogatories to be answered by the SAME party. (Section 4)

Section 5. Scope and use of interrogatories

Section 6. Effect of failure to serve written interrogatories

WHAT IS THE EFFECT OF FAILURE TO SERVE WRITTEN INTERROGATORIES?

A party not served with written interrogatories may not be

1. compelled by the adverse party to give testimony in open court, or

2. to give a deposition pending appeal. UNLESS thereafter allowed by the court

1. for good cause shown and

2. to prevent a failure of justice (Section 6) WHAT IS THE EFFECT TO FAILURE TO ANSWER INTERROGATORIES?

Case may be dismissed or a judgment by default may be given Depositions under Written upon Written Interrogatories (Rule 23) Interrogatories to Parties (Rule 25) Procedure Direct, cross,

redirect,

recross. You just serve QUESTIONS

File and serve questions and the party has to answer them

Deponents Any person,

either party or witness Only a party to the case, particularly the adverse party

Coverage Any matter as

long as relevant

and not privileged

Same (Rule 25, Section 5)

Uses Rule 23, Section

4

Same (Rule 25, Section 5)

Interrogatories No fixed time 15 days to

answer unless extended or reduced by the

court Intervention

by the Court With intervention of the office who is authorized to take the deposition No intervention since interrogatories are directed to the party himself

RULE 26

ADMISSION BY ADVERSE PARTY

Section 1. Request for admission

Purpose of written request for admission

To expedite trial and relieve the 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

What request may include:

1. Admission of the genuineness of any material and relevant document described in and exhibited with the request

2. Admission of the truth of any material and relevant matter of fact set forth in the request 3. Under this rule, a matter of fact not related to

any documents may be presented to the other party for admission or denial

Distinguished from Rule on Actionable Documents

A request for admission is proper when the genuineness of an evidentiary document is sought to be admitted. If not denied under oath in accordance with Section 2, its genuineness it deemed admitted. If the document is actionable, the original or a copy should be attached to the complaint, or copied therein, and its genuineness and due execution is deemed impliedly admitted unless specifically denied under oath by the adverse party.