RULE 23 agent of the Republic of the Philippines, (b) Section 24.

Failure of party giving notice to serve

before such person or officer as may be subpoena. — If the party giving the notice of the
DEPOSITIONS PENDING ACTIONS
appointed by commission or under letters taking of a deposition of a witness fails to serve
Section 1. Depositions pending action, when may rogatory; or (c) the person referred to in section a subpoena upon him and the witness because
be taken. — By leave of court after jurisdiction 14 hereof. of such failure does not attend, and if another
has been obtained over any defendant or over party attends in person or by counsel because he
Section 13. Disqualification by interest. — No
property which is the subject of the action, or expects the deposition of that witness to be
deposition shall be taken before a person who is
without such leave after an answer has been taken, the court may order the party giving the
a relative within the sixth degree of
served, the testimony of any person, whether a notice to pay to such other party the amount of
consanguinity or affinity, or employee or counsel
party or not, may be taken, at the instance of any the reasonable expenses incurred by him and his
of any of the parties, or who is a relative within
party, by deposition upon oral examination or counsel in so attending, including reasonable
the same degree, or employee of such counsel;
written interrogatories. The attendance of attorney's fees.
or who is financially interested in the action.
witnesses may be compelled by the use of a
subpoena as provided in Rule 21. Depositions Section 15. Deposition upon oral
shall be taken only in accordance with these examination; notice; time and place. — A party
Rules. The deposition of a person confined in desiring to take the deposition of any person
RULE 21
prison may be taken only by leave of court on upon oral examination shall give reasonable
such terms as the court prescribes. notice in writing, to every other party to the SUBPOENA
action. The notice shall state the time and place
Section 10. Persons before whom depositions Section 5. Subpoena for depositions. — Proof of
for taking the deposition and the name and
may be taken within the Philippines. — Within service of a notice to take a deposition, as
address of each person to be examined, if
the Philippines depositions may be taken before provided in sections 15 and 25 of Rule 23, shall
known, and if the name is not known, a general
any judge, notary public, or the person referred constitute sufficient authorization for the
description sufficient to identify him or the
to in section 14 hereof. issuance of subpoenas for the persons named in
particular class or group to which he belongs. On
motion of any party upon whom the notice is said notice by the clerk of the court of the place
Section 14. Stipulations regarding taking of
served, the court may for cause shown enlarge in which the deposition is to be taken. The clerk
depositions. — If the parties so stipulate in
or shorten the time. shall not, however, issue a subpoena duces
writing, depositions may be taken before any
tecum to any such person without an order of
person authorized to administer oaths, at any
Section 23. Failure to attend of party giving the court.
time or place, in accordance with these Rules and
notice. — If the party giving the notice of the
when so taken may be used like other
taking of a deposition fails to attend and proceed
depositions.
therewith and another attends in person or by
Section 11. Persons before whom depositions counsel pursuant to the notice, the court may
may be taken in foreign countries. — In a foreign order the party giving the notice to pay such
state or country, depositions may be taken (a) on other party the amount of the reasonable
notice before a secretary of embassy or legation, expenses incurred by him and his counsel in so
consul general, consul, vice-consul, or consular attending, including reasonable attorney's fees.
Section 4. Use of depositions. — At the trial or the testimony of witnesses orally in open court, Section 17. Record of
upon the hearing of a motion or an interlocutory to allow the deposition to be used; and examination, oath; objections. — The officer
proceeding, any part or all of a deposition, so far before whom the deposition is to be taken shall
(d) If only part of a deposition is offered in
as admissible under the rules of evidence, may put the witness on oath and shall personally, or
evidence by a party, the adverse party may
be used against any party who was present or by some one acting under his direction and in his
require him to introduce all of it which is relevant
represented at the taking of the deposition or presence, record the testimony of the witness.
to the part introduced, and any party may
who had due notice thereof, in accordance with The testimony shall be taken stenographically
introduce any other parts.
any one of the following provisions; unless the parties agree otherwise. All objections
Section 16. Orders for the protection of parties made at the time of the examination to the
(a) Any deposition may be used by any party for
and deponents. — After notice is served for qualifications of the officer taking the
the purpose of contradicting or impeaching the
taking a deposition by oral examination, upon deposition, or to the manner of talking it, or to
testimony of deponent as a witness;
motion seasonably made by any party or by the the evidence presented, or to the conduct of any
(b) The deposition of a party or of any one who person to be examined and for good cause party, and any other objection to the
at the time of taking the deposition was an shown, the court in which the action is pending proceedings, shall be noted by the officer upon
officer, director, or managing agent of a public or may make an order that the deposition shall not the deposition. Evidence objected to shall be
private corporation, partnership, or association be taken, or that it may be taken only at some taken subject to the objections. In lieu of
which is a party may be used by an adverse party designated place other than that stated in the participating in the oral examination, parties
for any purpose; notice, or that it may be taken only on written served with notice of taking a deposition may
interrogatories, or that certain matters shall not transmit written interrogatories to the officers,
(c) The deposition of a witness, whether or not a who shall propound them to the witness and
be inquired into, or that the scope of the
party, may be used by any party for any purpose record the answers verbatim.
examination shall be held with no one present
if the court finds: (1) that the witness is dead, or
except the parties to the action and their officers
(2) that the witness resides at a distance more
or counsel, or that after being sealed the
than one hundred (100) kilometers from the
deposition shall be opened only by order of the
place of trial or hearing, or is out of the
court, or that secret processes, developments, or
Philippines, unless it appears that his absence
research need not be disclosed, or that the
was procured by the party offering the
parties shall simultaneously file specified
deposition, or (3) that the witness is unable to
documents or information enclosed in sealed
attend or testify because of age, sickness,
envelopes to be opened as directed by the court
infirmity, or imprisonment, or (4) that the party
or the court may make any other order which
offering the deposition has been unable to
justice requires to protect the party or witness
procure the attendance of the witness by
from annoyance, embarrassment, or oppression.
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
Section 18. Motion to terminate or limit Section 3. Examination and cross-examination. (here insert the name of witness)" and shall
examination. — At any time during the taking of — Examination and cross-examination of promptly file it with the court in which the action
the deposition, on motion or petition of any deponents may proceed as permitted at the trial is pending or send it by registered mail to the
party or of the deponent, and upon a showing under sections 3 to 18 of Rule 132. clerk thereof for filing.
that the examination is being conducted in bad
Section 19. Submission to Section 21. Notice of filing. — The officer taking
faith or in such manner as unreasonably to
witness; changes; signing. — When the the deposition shall give prompt notice of its
annoy, embarrass, or oppress the deponent or
testimony is fully transcribed, the deposition filing to all the parties.
party, the court in which the action is pending or
shall be submitted to the witness for
the Regional Trial Court of the place where the Section 22. Furnishing copies. — Upon payment
examination and shall be read to or by him,
deposition is being taken may order the officer of reasonable charges therefor, the officer shall
unless such examination and reading are waived
conducting the examination to cease forthwith furnish a copy of the deposition to any party or
by the witness and by the parties. Any changes in
from taking the deposition, or may limit the to the deponent.
form or substance which the witness desires to
scope and manner of the taking of the
make shall be entered upon the deposition by Section 25. Deposition upon written
deposition, as provided in section 16 of this Rule.
the officer with a statement of the reasons given interrogatories; service of notice and of
If the order made terminates the examination, it
by the witness for making them. The deposition interrogatories. — A party desiring to take the
shall be resumed thereafter only upon the order
shall then be signed by the witness, unless the deposition of any person upon written
of the court in which the action is pending. Upon
parties by stipulation waive the signing or the interrogatories shall serve them upon every
demand of the objecting party or deponent, the
witness is ill or cannot be found or refuses to other party with a notice stating the name and
taking of the deposition shall be suspended for
sign. If the deposition is not signed by the address of the person who is to answer them and
the time necessary to make a notice for an order.
witness, the officer shall sign it and state on the the name or descriptive title and address of the
In granting or refusing such order, the court may
record the fact of the waiver or of the illness or officer before whom the deposition is to be
impose upon either party or upon the witness
absence of the witness or the fact of the refusal taken. Within ten (10) days thereafter, a party so
the requirement to pay such costs or expenses as
to sign together with the reason be given served may serve cross-interrogatories upon the
the court may deem reasonable.
therefor, if any, and the deposition may then be party proposing to take the deposition. Within
Section 2. Scope of examination. — Unless used as fully as though signed, unless on a five (5) days thereafter, the latter may serve re-
otherwise ordered by the court as provided by motion to suppress under section 29 (f) of this direct interrogatories upon a party who has
section 16 or 18 of this Rule, the deponent may Rule, the court holds that the reasons given for served cross-interrogatories. Within three (3)
be examined regarding any matter, not the refusal to sign require rejection of the days after being served with re-direct
privileged, which is relevant to the subject of the deposition in whole or in part. interrogatories, a party may serve recross-
pending action, whether relating to the claim or interrogatories upon the party proposing to take
Section 20. Certification, and filing by officer. —
defense of any other party, including the the deposition.
The officer shall certify on the deposition that
existence, description, nature, custody,
the witness was duly sworn to by him and that
condition, and location of any books,
the deposition is a true record of the testimony
documents, or other tangible things and the
given by the witness. He shall then securely seal
identity and location of persons having
the deposition in an envelope indorsed with the
knowledge of relevant facts.
title of the action and marked "Deposition of
Section 26. Officers to take responses and Section 4. Use of depositions. — At the trial or the testimony of witnesses orally in open court,
prepare record. — A copy of the notice and upon the hearing of a motion or an interlocutory to allow the deposition to be used; and
copies of all interrogatories served shall be proceeding, any part or all of a deposition, so far
(d) If only part of a deposition is offered in
delivered by the party taking the deposition to as admissible under the rules of evidence, may
evidence by a party, the adverse party may
the officer designated in the notice, who shall be used against any party who was present or
require him to introduce all of it which is relevant
proceed promptly, in the manner provided by represented at the taking of the deposition or
to the part introduced, and any party may
sections 17, 19 and 20 of this Rule, to take the who had due notice thereof, in accordance with
introduce any other parts.
testimony of the witness in response to the any one of the following provisions;
interrogatories and to prepare, certify, and file or Section 5. Effect of substitution of parties. —
(a) Any deposition may be used by any party for
mail the deposition, attaching thereto the copy Substitution of parties does not affect the right
the purpose of contradicting or impeaching the
of the notice and the interrogatories received by to use depositions previously taken; and, when
testimony of deponent as a witness;
him. an action has been dismissed and another action
(b) The deposition of a party or of any one who involving the same subject is afterward brought
Section 27. Notice of filing and furnishing copies.
at the time of taking the deposition was an between the same parties or their
— When a deposition upon interrogatories is
officer, director, or managing agent of a public or representatives or successors in interest, all
filed, the officer taking it shall promptly give
private corporation, partnership, or association depositions lawfully taken and duly filed in the
notice thereof to all the parties, and may furnish
which is a party may be used by an adverse party former action may be used in the latter as if
copies to them or to the deponent upon
for any purpose; originally taken therefor.
payment of reasonable charges therefor.
(c) The deposition of a witness, whether or not a Section 6. Objections to admissibility. — Subject
Section 28. Order for the protection of parties
party, may be used by any party for any purpose to the provisions of section 29 of this Rule,
and deponents. — After the service of the
if the court finds: (1) that the witness is dead, or objection may be made at the trial or hearing, to
interrogatories and prior to the taking of the
(2) that the witness resides at a distance more receiving in evidence any deposition or part
testimony of the deponent, the court in which
than one hundred (100) kilometers from the thereof for any reason which would require the
the action is pending, on motion promptly made
place of trial or hearing, or is out of the exclusion of the evidence if the witness were
by a party or a deponent, and for good cause
Philippines, unless it appears that his absence then present and testifying
shown, may make any order specified in sections
was procured by the party offering the
15, 16 and 18 of this Rule which is appropriate Section 7. Effect of taking depositions. — A party
deposition, or (3) that the witness is unable to
and just or an order that the deposition shall not shall not be deemed to make a person his own
attend or testify because of age, sickness,
be taken before the officer designated in the witness for any purpose by taking his deposition.
infirmity, or imprisonment, or (4) that the party
notice or that it shall not be taken except upon
offering the deposition has been unable to
oral examination
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
Section 8. Effect of using depositions. — The (d) As to oral examination and other particulars. Section 12. Commission or letters rogatory. — A
introduction in evidence of the deposition or any — Errors and irregularities occurring at the oral commission or letters rogatory shall be issued
part thereof for any purpose other than that of examination in the manner of taking the only when necessary or convenient, on
contradicting or impeaching the deponent deposition in the form of the questions or application and notice, and on such terms, and
makes the deponent the witness of the party answers, in the oath or affirmation, or in the with such direction as are just and appropriate.
introducing the deposition, but this shall not conduct of the parties and errors of any kind Officers may be designated in notices or
apply to the use by an adverse party of a which might be obviated, removed, or cured if commissions either by name or descriptive title
deposition as described in paragraph (b) of promptly prosecuted, are waived unless and letters rogatory may be addressed to the
section 4 of this Rule. reasonable objection thereto is made at the appropriate judicial authority in the foreign
taking of the deposition. country.
Section 9. Rebutting deposition. — At the trial or
hearing any party may rebut any relevant (e) As to form of written interrogatories. —
evidence contained in a deposition whether Objections to the form of written interrogatories
introduced by him or by any other party. submitted under sections 25 and 26 of this Rule
are waived unless served in writing upon the
Section 29. Effect of errors and irregularities in
party propounding them within the time allowed
depositions. —
for serving succeeding cross or other
(a) As to notice. — All errors and irregularities in interrogatories and within three (3) days after
the notice for taking a deposition are waived service of the last interrogatories authorized.
unless written objection is promptly served upon
(f) As to manner of preparation. — Errors and
the party giving the notice.
irregularities in the manner in which the
(b) As to disqualification of officer. — Objection testimony is transcribed or the deposition is
to taking a deposition because of disqualification prepared, signed, certified, sealed, indorsed,
of the officer before whom it is to be taken is transmitted, filed, or otherwise dealt with by the
waived unless made before the taking of the officer under sections 17, 19, 20 and 26 of this
deposition begins or as soon thereafter as the Rule are waived unless a motion to suppress the
disqualification becomes known or could be deposition or some part thereof is made with
discovered with reasonable diligence. reasonable promptness after such defect is, or
with due diligence might have been, ascertained.
(c) As to competency or relevancy of evidence. —
Objections to the competency of witness or the
competency, relevancy, or materiality of
testimony are not waived by failure to make
them before or during the taking of the
deposition, unless the ground, of the objection is
one which might have been obviated or removed
if presented at that time.