HERRERA

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SY 2015-2016
CIVIL PROCEDURE
Modes of Discovery
Judge Wagan Lecture Notes

Pre-Trial Rule 19 Intervention
-if they have availed the modes of discovery A third person wants to be a part of the case
-manifest if they avail the remedies on judgment on because he has a legal interest in the subject matter
pleadings or dismiss the case of the case, joins plaintiff, defendant or against
What happens after? both. Legal interest must be actual or existing right
Pre-trial order at the time he filed the pleadin in intervention. He
-Contains what has been discussed during trial is the party who wants to make sawsaw. This is the
-Indicates the trial dates to be scheduled in opposite of a third party complaint.
advanced
-controls the final proceedings, it does away the Complaint in intervention-plaintiff
facts that have been admitted. They only have to Answer in intervention-defendant
present witnesses/documents that have been Complaint in intervention-both
marked during pre trial.
How many days? 15 days to file an answer is akin
Compromise, immediately executory subject to the to a complaint it must comply with rule 7 and 8. It
terms as agreed upon by the parties. is an initiatory pleading including payment of
docket fees,
AM 03109-SC (2004)
Rule that requires the holding of preliminary Who may intervene? Party who wants to make
conference-a conference before the pre trial sawsaw
conducted by the clerk of court. When can he intervene? Any time before the
Purpose: to mark their respective documentary or rendition of judgment
object evidence, stipulate facts and to also, manifest
settlement. So that the pre trial will be expedited. To comply with rule 15, I the motion seeks to admit
Matters in the preliminary conference will be a pleading, what is the rule 15? Pleader must attach
stated in the minutes. the pleading sought to be admitted. File motion and
admit complaint in intervention as attachment.
What should be submitted before pre trial? Pre
trial brief. Are there instances where the court will not grant?
Sanction if he did not file pre trial brief? As if he 1. cause delay
does not appear during pre trial. Mandatory. 2. cause prejudice to the rights of the parties
Contain? All those matters that have been taken up including cause prejudice to the rights of
during pre trial. plaintiff and defendant
You have to take into consideration, you need to 3. assessing the situation, it is better to be
submit judicial affidavit. Affidavit must be filed in a separate case
submitted, at least 5 days before pre trial. You will
not be allowed to present a witness if he did not Rule 20 Calendar of Cases
comply with judicial affidavit rule.
Whos duty? Branch clerk or clerk of court
Before preliminary conference Priority:
1. affidavits of witnesses Habeas corpus
2. pre trial brief (3 days before) Writ of Amparo
Election cases
Section 1
It is the duty of plaintiff to move ex parte to set the Rule 21 Subpoena
case for trial. 3kinds:
Remedy? Defendant may file a motion to dismiss on 1. Ad testificandum appear and testify
the ground to failure to comply with rules of court. 2. Duces tecum- to produce
Why? Duty of plaintiff to move to set the case for 3. Duces tecum ad testificandum- to testify on the
trial. Which is better? Failure to prosecute for an document he produced; bank representatives
unreasonable length of time. However, AM 03109,
If the plaintiff cannot move, clerk will have to set Exceptions:
the case. Public documents they do not need to be
authenticated; prima facie evidence of the contents
In criminal cases, preliminary conference is also therein
required. RA 10591 firearms and ammunitions

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SY 2015-2016
Evidence: certification from firearms that he is not Why? He cannot in the meantime file an action so
licensed to carry firearms he wants to preserve the testimony
2. Allege the subject matter, matter that has to be
Subpoena is a process to compel attendance. Its a preserved and subject the taking of depositions.
process to produce 3. Names of the would be, adverse parties.

It may be oral or in writing Depositions are testimonial evidence

Can a subpoena be quashed? Yes when the Pending Appeal
purpose is to harass the witness or when the For further proceedings
matter to be testified on by the person is not Rule 23 During action
material or irrelevant to the case. There is already a case filed in court
What is peculiar about this? Recall Rule 10. Plaintiff
Proper time> pretrial or before presentation of may amend the complain as a matter of right,
witness Rule 23 proponent may move the deposition with
leave of court, when answer is filed. Baliktad ang
Instances no need to issue subpoena: bring own nangyayari. Basic, when presenting a testimony in
witnesses evidence, is a prerogative of the court. You cannot
present a party from presenting testimonials.
In subpoena duces tecum, availed of in lieu of Before answer is filed, there is still no assurance,
modes of discovery to inspect documents that the case will go to trial. Why? No answer yet.
So, if issues have not been joined, not prerogative
How will you serve subpoena? Same as Service of of plaintiff to present evidence. They need to ask
Summons (not as strict as summons) permission. However, if anser is filed, issues are
now joined, go to trial because there are issues to
Criminal Cases be resolved. It becomes a prerogative, they now
No specific rule on subpoena, RoC same for have the right to ask the court to issue process to
criminal and civil compel attendance, ask court that they be allowed
We send the subpoena to police stations to take a deposition. Leave of court before answer.
Police Officers who will serve subpoena for Baliktad.
witnesses for prosecution
2 kinds of depositions/manifested either:
Civil Cases 1. Oral examination
Personal and substituted 2. Written interogatorries
Registered mail
Party requesting: personal at his expense The best thing to do is present witness in court to
observe the demeanor during trial to calibrate.
Subpoena for deponents who will be subjected of
taking the deposition under Rule 23 and 24 What are those instances to take depostions?
1. Sick or Hospitalized
Rule 23 is deposition during action 2. More than 100km away
Rule 24 before action or pending appeal
-Rule 134 before Before a judge, notary public, parties so agree in
writing, person who may be authorized to
Rule 24 Pending action administer oath: clerk of court in the rtc of the
Purpose: to preserve or perpetuate his own place, mayor provided they are members of the bar
testimony or that of another person whom he
thinks that testimony is essential in the event that What are those matters can be asked?
he will file an action. Baka mamatay na ito, hindi pa Material relevant facts excluding privilege matters
siya nakakafile ng action upon oral, person designated to take deposition
Who will be present?
What is the procedure? Proponent, counsel and opposing counsel,
Proponent files a verified petition. This is a rule to defendant
have the petition verified. Form: question and answer and recorded by a
What is special feature under this rule? stenographer
Once filed, he will have to set the petition for Objections: note the objections
hearing. Even in the absence of adverse party, yes.
What mus be contained? Deposition will proceed. It can be used against him.
1. He wants to take his own testimony or that of For the purpose of impeaching a witness,
another person contradict the testimony. It does not follow that he
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is compelled to use that, he may decide not to use 1. Production of documents medical
it. records, employment records
Under rules of evidence, possession adverse party,
Cross examination? Did not appear: waived the request the adverse party. Remedy? You ask be
right directed to produce. If does not comply, you be
Not notified, the taking proceeded,cannot be used allowed to make use of the copy. It maybe against
against him other persons in possession of documents.
2. Inspection of things
Written interoggatories Ocular inspection. You need to expect the property.
File a motion that he be allowed depositions
through written How? File a motion to inspect. You may resort to
Attached to motion, questions to be asked on direct subpoena duces tecum. It can be either. To
written interrogatories inexpect, you need to file a motion. We can inspect
10 days to file cross written interrogatories, goods inside, anything. But if customs or
questions on cross videogram, they can do that and allowed under the
plaintiff will have 5 days to file redirect law.
if defendant so desires, 3 days for recross Physical and mental examination
interrogatories. It will be given to the officer, siya Annulment cases when the ground is PI
magtatanong Mental examination
compared to oral: lawyers will ask Physical examination when he is sick or physical
They can object within the period provided. Can injuries
they ask to prevent witness from questions which These are modes of acquiring facts. What are to be
are insulting? Apply to court which granted the discovered? Facts. Help to resolve issues of facts.
taking of depositions To aide the prompt disposition of the case. This
should have been made prior to trial.
After, the officer has duty to submit the answers
together with questions to parties and to court and What are the sanctions? Rule 29.
they have the power to use it or not to use it. Refuses to answer? Cited in contempt. Direct
contempt. If he refuses to abide the subpoena,
To compel the defendant, subpoena indirect.
Proponent to set time and date for deposition Failure to comply with any modes? Stricken off the
So that he will know in advance when it will record.
happen. Are these available to both criminal and civil? Yes.
Admission to party, will not apply in criminal. Right
Rule 25 to confront the witness face to face.
Interrogatories of parties
Addressed to the adverse party
When may a party avail this? After answer is
served to the other party
Purpose: to illicit material and relevant facts
provided they are subject matter of the controversy

How many days to answer? 15 days
Can he object? Yes within 15 days
Effect if he wont answer? Court compel to answer

Admission of party is different, request for
admission. Also made by a party towards the
adverse, subject matter? Genuineness of a
document or the truth of a fact relevant and
material in the issue
How many days to answer? 15 days to answer. Rule
is stringent under rule 26.

Consequence if the party does not avail? He will
lose the right to oppose.

Rule 27

Two ways