RULE 24 SCRIPT

I. Intoduction

● Greetings
● Introduce yourself
● Name of Groupmates:
- Ms. Catolico
- Ms. Cerdena
- Ms. Macalinao
- Ms. Maulit
- Ms. Mocon
- Ms. Salas
-
II. Presentation
● Rule 24 - The Notice and Service Rule Deposition before action or pending appeal
- Before we proceed to the cases, may we first give you a brief overview of Rule
24
● This topic is divided into two 1) Deposition before action 2) Deposition pending appeal
● But first let us classify the Two Types of Deposition:
(1) Oral Examination
(2) Written Interrogatory (which can be found in Rule 19, Section 23)
- It is important to to note that according to Rule 23, Section 19 *maling rule
nalagay sa ppt nagkabaliktad hehe* When the testimony is fully
transcribed, the deposition must be read to or by him, except when such
is waived by the witness and by the parties. The deposition must be
signed by the witness unless it waived, or the witness is ill or cannot be
found or refuses to sign. If not signed, the officer shall sign it and must
state on the record the fact of such waiver.
- We will further discuss the 2 types of deposition later on

● What is the purpose or use of depositions?

(1) Perpetuate Testimony
(2) May be used in any action which involves the same subject matter
subsequently brought in accordance with Rule 23 Sec. 4 & 5 (Rule 24 Sec.
6)
(3) If although not so taken, it would be admissible in evidence.
- When it involves such matters contradicting or impeaching the testimony
of deponent as witness
(1) Incapacity by death
(2) Residing at a distance of more that 100km from the place of
trial or hearing or outside the Philippines, unless his absence
was procured by the party offering the deposition
(3) Unable to attend or testify due to his age, sickness, infirmity
or imprisonment
(4) Unable to procure the attendance of the witness by subpoena
(5) Exceptional circumstances upon application and notice

● How are depositions applied for?

- 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 may
 file a verified petition in the court of the place of the residence of any
expected adverse party.
- The petition shall be entitled in the name of the petitioner and shall show:
(a) 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;
(b) the subject matter of the expected action and his interest therein;
(c) the facts which he desires to establish by the proposed testimony and
his reasons for desiring to perpetuate it;
(d) the names or a description of the persons he expects will be adverse
parties and their addresses so far as known; and
(e) the names and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit from each, and 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.
The interest and expected action must be shown therein.

● In the case of Republic vs Sandiganbayan (case of deposition before action)

*pls read the case digest first then use the case matrix as guide during presentation*
- This case highlights that there is no rule that limits deposition-taking on
period of pre-trial or before it, there is no prohibition against the taking of
depositions after pre-trial.
- The right to object its admissibility is retained by the parties, for the same
reasons as those for excluding evidence if the witness were present and
had testified in court; and for errors and irregularities in the deposition.

● What are the contents of a petition for deposition?

- According to Rule 24, Section 2 as I’ve mentioned earlier, such shall show the
interest and expected action therein.
- In this slide, you can see a sample of a petition to take deposition wherein the
essential requisites are all present

● Notice and Service of Depositions

- The petitioner shall serve a notice upon each person named in the petition as an
expected adverse party, together with a copy of the petition, stating that the petitioner
will apply to the court, at a time and place named therein, for the order described in the
petition. At least twenty (20) days before the date of the hearing, the court shall cause
notice thereof to be served on the parties and prospective deponents in the manner
provided for service of summons.
- In this slide, you can see a sample of a notice
- In relation to the notice and hearing of depositions, let us proceed to our next case

● In the case of Martinez vs Ongsiako, *again pls refer to the case matrix*
- In this case, the notice of hearing which was sent to the counsel of
petitioner never reached its intended recipient because of its incorrect
address on the registered envelope which contains the letter.
- In proceedings perpetuating testimonies, a vital part of herein is the right to cross
examine a deponent. In the Revised Rules of Evidence, it is provided that
depositions previously taken are only admissible in evidence against an adverse
 party who had the opportunity to cross-examine the witness. Because
depositions are an exception to the general rule on the admissibility of
hearsay testimony, the process of cross-examination is an important
safeguard against false statements.

● Order and Examination

- If the court is satisfied that the perpetuation of the testimony may prevent a
failure or delay of justice, it shall make an order designating or describing the
persons whose deposition may be taken and specifying the subject matter of the
examination and whether the depositions shall be taken upon oral examination or
written interrogatories. The depositions may be taken in accordance with Rule 23
before the hearing.

● Oral Examination
- As mentioned earlier, there are two types of depositions and one of which is oral
examination
- In taking deposition upon oral examination, a party who desires to take the
deposition shall give a reasonable notice in writing to every party
- It is important that the notice must contain the following:
(1) The time and place for taking the deposition
(2) The name and address of each person to be examined, if known.
However, if it is unknown, there must be a general description which is
sufficient to identify him or the particular class or group to which he
belongs
- The officer before whom the deposition is taken shall put the witness on oath
- The testimony of the witness or deponent must be record and be taken
stenographically, unless the parties agreed to do otherwise
- All objections made at the time of the examination shall be noted
- Evidence objected to shall be taken but subject to objection

 WRITTEN INTERROGATORIES

o As discussed in the previous slides, written interrogatories is a discovery made

during pre-trial, where a party provides a set of questions in writing and demands
that the other party answer in full.

o The written interrogatories shall contain the following:

a)Name and address of the person who is to answer them;
b)Name and descriptive title of the officer before whom the deposition is
to be taken.

o A copy of the notice and copies of all interrogatories served shall be delivered by
the party taking the deposition to the officer designated in the notice.
 REFERENCE TO COURT

o Rule 24, Section 5 of the rules of court provides that for the purpose of applying
Rule 23 to depositions for perpetuating testimony, each reference therein to the
court in which the action is pending shall be deemed to refer to the court in which
the petition for such deposition was filed.

o If a deposition to perpetuate testimony is taken under Rule 24, or if, although not
so taken, it would be admissible in evidence, it may be used in any action
involving the same subject matter subsequently brought in accordance with the
provisions of sections 4 and 5 of Rule 23.

 Since Rule 23 may be applied in Rule 24, I will also discuss the use of Use of
Depositions under Sec. 4 Rule 23 of the Rules of Court:

At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all
of a deposition, so far as admissible under the rules of evidence, may be used against
any party who was present or represented at the taking of the deposition or who had due
notice thereof, in accordance with any one of the following provisions;

(a) Any deposition may be used by any party for the purpose of contradicting or
impeaching the testimony of deponent as a witness;

(b) 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;

(c) The deposition of a witness, whether or not a party, may be used by any party for any
purpose if the court finds: (1) that the witness is dead, or (2) that the witness resides at a
distance more than one hundred (100) kilometers 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, or (3) that the witness is unable to attend or testify because of
age, sickness, infirmity, or imprisonment, or (4) that the party offering the deposition has
been unable to procure the attendance of the witness by subpoena; or (5) upon
application and notice, that such exceptional circumstances exist as to make it desirable,
in the interest of justice and with due regard to the importance of presenting the
testimony of witnesses orally in open court, to allow the deposition to be used; and

(d) 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

 What is the effect if there are substitution of parties?

o The depositions of the original parties are still binding upon substitute parties.
Therefore, Substitution of parties does not affect the right to use depositions
previously taken.
 o When an action has been dismissed and another action involving the same
subject is afterward brought between the same parties of their representatives or
successors in interest, all depositions lawfully taken and duly filed in the former
action may be used in the latter as if originally taken therefor.

 Deposition pending appeal

o If an appeal has been taken from a judgment of a court, including the Court of
Appeals in proper cases, or before the taking of an appeal if the time therefor has
not expired, the court in which the judgment was rendered may allow the taking
of depositions of witnesses to perpetuate their testimony for in the event of
further proceedings in the said court.

o In such case the party who desires to perpetuate the testimony may make a
motion in the said court for leave to take the depositions, upon the same notice
and service thereof as if the action was pending therein.

o The motion shall state:

 the names and addresses of the persons to be examined and the

substance of the testimony which he expects to elicit from each, and

 the reason for perpetuating their testimony.

o 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 deposition to be taken, and
thereupon the depositions may be taken and used in the same manner and
under the same conditions as are prescribed in these Rules for depositions taken
in pending actions.

 What are the contents of the Motion?

o The motion should allege:
(a)the names and addresses of the persons to be examined and the substance
of the testimony which he expects to elicit from each; and
(b)  the reason for perpetuating their testimony.

 What are the grounds to grant the Motion?

o In a motion to perpetuate testimony pending appeal, the court has discretion to
allow the motion where it is proper to avoid a failure or delay of justice.
o The court should consider the following:
(1) whether perpetuation of testimony is proper to avoid a failure or delay of
justice in the case, and
(2) whether the evidence sought to be perpetuated is likely to be lost while the
appeal is pending as well as whether the witness is likely to become unavailable
to give testimony should further proceedings become necessary.
  Go v. People (read the case digest first then use the case matrix as guide during
presentation)
Rule in criminal cases, examination of witnesses must be done orally before a judge in open
court. This is to secure the right of the accused to public trial and meet witnesses against him
personally. It permits several exceptions which are embodied from rule 23 up until Rule 28 of
the Rules of court. These rules allow that deposition may be taken in civil cases by oral
examination or written interrogatories before any judge, notary public, person authorized to
administer oaths or Philippine consular official.

The procedure for taking depositions in criminal cases recognizes the prosecution's right to
preserve testimonial evidence and prove its case despite the unavailability of its witness. It
cannot, however, give license to prosecutorial indifference or unseemly involvement in a
prosecution witness' absence from trial. To rule otherwise would effectively deprive the accused
of his fundamental right to be confronted with the witnesses against him.

 Our Lady of Lourdes v Spouses Capazana (read the case digest first then use the
case matrix as guide during presentation)

The instant case has obtained considerable length in its adjudication and to allow movant-
defendants to take deposition of Ms. David [the witness-deponent] would only further delay its
disposition and would certainly defeat the purpose of a disposition which is to expedite
proceedings.

In Conclusion, Timeliness of the Motion for Leave to take the Deposition purpose is to expedite
proceedings. The uncertainty in the taking of the deposition is ground for denial.