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RULES 24-29

REM 1 BRONDIAL
RULE 24 What is the purpose of this? You want… kasi pinagbigyan naman siya. Senador e. Nag-loan
nakalimutan mo nakaligtaan mo, in the si Manong Enrile payable for 25 years. He is
Depositions before action or pending course of the proceeding, hindi mo na- now 89 years old + 25 ilan na yon? He would
appeal present so you want someone’s deposition… be 114 by the time that he will be able to pay
testimonial evidence under this Rule 24, and his loan of 150B, kasi yung binabayad niya
(GING) Why is this allowed, deposition pending siguro let’s say 100K lang every month.
so you ask the court that you be allowed to
appeal? This is because, at that time, appellate
courts are not allowed to accept new evidence. take the deposition. You are foreseeing a
But you cannot a file a case now because he is
Right now, with more reason that this is of possible remand of the case for further
still around, pwede na rin… basta, ayaw mo
great use because appellate courts are allowed proceeding in the trial court. So kung walang mag-file ng kaso, he pays religiously. He pays
to take new evidence. Another reason is in remand, edi wala. the interest. The new manager of the bank
case of remand to the trial court. Whether you discovered na si Manong Enrile pala may utang
take the deposition before the lower court or But under the present Rule, remember that na 150B. And he is religiously paying including
appellate court, the deposition may come in kung di pa na-d-desisyunan ng appellate interest.
handy in case of remand. court, halimbawa, from RTC to CA, wala
pang desisyon yung CA don. Remember that But this is payabale 25 years from now. By the
What is perpetuation of testimony or the CA now is authorized to admit evidence time, baka patay na si Manong. So you are
deposition before action? This is allowed and to even hear testimonies so you can going to file against the estate or claim against
because by the time you file a case, the person submit it there. the executor? Ano kaya ang principal witness
might already be dead. This is in case a person natin?
dies before a probable case arises against him. Deposition Before Action
Ngayon pa man, na buhay pa si Manong
The taking of a deposition, is it real or The other one is deposition BEFORE action. Enrile, we file already a petition for taking
personal? Personal. What then is the venue? Sasabihin niyo, masyado naman nagmamadali of his deposition BEFORE action.
(trick question ni Sir kay Mica) The rule on ito. Wala pa ngang kaso gagawa na ng Testimonial Evidence! Kung ano man
venue will not apply, because the rule itself deposition. If you try to read that, under Rule mangyari, we just offer the testimonial
provides for the venue of the taking of the 24, makita mo dito that there is a prospect na evidence. Remember that under Rule 23, that
magkaroon ng kaso and you are wary when the deposition can be used in other cases
deposition before action or pending appeal =
the case comes or takes place wala ka ng where the same parties are involved so dito,
residence of the respondent
witness: either your witness is already dead or deposition before action and deposition
your witness has left the country or your pending appeal.
(Brondi) This deposition under 24 is
witness is very very old. So ngayon pa man,
deposition before action or pending appeal.
kasi naiisip mo na magkakaroon ng kaso of Rule 25
which you are a party, so you already ask the Interrogatories to parties
Deposition Pending Appeal
court for the taking of deposition.
So the case is already over. Tapos na dito sa (Ging) Is this pending action, before action or
trial court, but it was appealed to the One point here. What kind? Hindi ito by motion pending appeal? This is pending action. You
ha. This is by petition kasi wala pang action. cannot avail of this against non-parties, solely
appellate court. Where will you file your
against parties.
motion for the taking of the deposition? YOU
Question: which court has jurisdiction? This is
FILE IT WITH THE TRIAL COURT, if it is an action not capable of pecuniary Where is the sanction under this rule? Sec. 6.
still within the period to appeal. But once the estimation. Hence, it is RTC. Which is the Failure to serve written interrogatories. Who
notice of appeal has been filed, you apply the venue of the action? The venue should be is being sanctioned? The one who failed to
principle of residual jurisdiction. As long as where the petitioner resides. Residence of prepare the questions/supposed to prepare
the records of the case have not been the petitioner. the questions. As a result/sanction, the other

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transmitted to the appellate court, you
party may not be compelled to testify on the

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file a motion for taking of deposition e.g. Supposed Johnny Enrile, at present,
matter of the interrogatories. How would the
with the trial court. secures a loan of 150B from BDO. And
RULES 24-29
REM 1 BRONDIAL
court know or determine whether a party (Ging) Who should request for admission? do I tie that up with this mode of discovery
should be sanctioned for failure to serve Any party may request for admission. Aren’t of request for admission? Because… is there
written interrogatories? During trial, when a there stipulations and admissions during no contradiction in the Rules? Because if you
witness/other party is asked a question that pre-trial, why would one request for are dealing with the documents, why will
should have been asked in written admission? This applies when the party did ask for admission of the genuineness and
interrogatories. not wait for the pre-trial. Does this request due execution of the document when in
for admission contradict Sec. 8, Rule 8 as truth and in fact if it is not denied
(Brondi) After issues have been joined, if one regards actionable documents which specifically, then they are deemed admitted?
party would like to ask questions from the provides that when you do not specifically SO parang conflicting diba?
adverse party, he prepares certain
deny the claim of one party as against an
questionnaire. Eto dito kailangan, one set lang Actually, read again. There is no conflict.
action document, you are deemed to have
of questionnaire. He sends that to the adverse Why? Because what is referred to in Rule
admitted the authenticity and due execution
party who is bound to answer that. 26 are non-actionable documents. Those
of the document, why would one use this?
No, there is no contradiction. Because the are documents which are only in support of
What is the effect if he does not answer? The
documents sought to be admitted under certain positions but they are not actionable
effect is that the issues there sought to be
answered are deemed answered in favor of Rule 26 are not actionable documents. They docs. They are not the bases of one’s action.
the questionnaire. are only relevant and material documents, Kaya no conflict. These relavant and
but they are not actionable. What are material documents.
Pero tignan niyo ang Section 6 of Rule 25: examples of these non-actionable
Anong example nito? That’s like sales
documents, which must be sought for
invoices, sales receipts, demand letters.
Section 6. Effect of failure to serve admission? Voluminous receipts, when such
They are not actionable documents.
written interrogatories. — Unless would take time to have each admitted one
thereafter allowed by the court for by one. A deed of sale, a lease contract, a
good cause shown and to prevent a promissory note  now these are actionable
failure of justice, a party not served
docs.
with written interrogatories may not
be compelled by the adverse party to (Brondi) When one requests for admission of
Let’s say you are filing a case for recovery of
give testimony in open court, or to several relevant and material facts in a
sum of money in the amount of millions
give a deposition pending appeal. (n) document, for example, the genuineness
which was brought about by unpaid sales.
and due execution of relevant and material
So ano ang evidence mo for the non-
What is the sanction there? The person who documents, he has to do it as a mode of
payment? Sales invoices, sales receipts or
did not cause the taking of interrogatories, discovery, under Rule 26, so that if he does
even delivery receipts. Halimbawa,
cannot be compelled to testify. Halimbawa, A not do that then you cannot compel the
voluminous yon, it consists of 150
who is supposed to send a written other party as a sanction thereof, to present
documents, so you avail already of this
interrogatories to B, but he did not, A now those evidence during or in the course of
admission. Can you imagine in the course of
cannot call on B, cannot compel B to testify in trial.
open court on the matter of the written the trial kung hindi pa yan admitted iisa-
interrogaties. That is the sanction under Sec 6 You tie this up with what we studied under isahin mo. You call on your accountant or
of Rule 25. Sec 7 and 8 of Rule 8. Ano ba yung Sec 7 office clerk and say, did you issue this
and 8 of Rule 8? Actionable Documents. receipt? Receipt number so and so is this
Compare that sanction from Sec 5 of Rule 26. What did we study under these? That in receipt? Ok mark as evidence. Iisa-isahin
order to deny the admissibility or the mo. It will take so much time. Even if they
Rule 26 are already marked during the pre-trial, but

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genuineness and due execution of actionable
Request for admission by adverse party to authenticate them, it will take so much

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doc, you have to deny them specifically
under oath. So verified answer. Now, why time of the court, so avail of this mode of
RULES 24-29
REM 1 BRONDIAL
discovery, request for admission. I-attach inspection or production and inspection of 1x2meters (laughing). How can you commit
mo na copy non, if you want investigate the things, it is not limited to documents and rape there? If ever, it was with consent
original, adverse party, come over and things. It is also examination, inspection at the (laughing). You cannot even do that lying
investigate the original. Pero if he answers, course of the trial… or even of the physical.. down. You can only do that standing.
yes, we admit the authenticity and due that’s not physical and mental examination… in
execution of these delivery receipts sales the course of the trial.
invoices. Doon sa trial, hindi ka na mag-iisa-
Halimbawa, the private complainant is So with this ocular inspection, you resolve
isa tapos na yan.
testifying in court. His testimony runs matters. I have one case in Paranaque where I
something like this. While I was walking along also asked for inspection, ito yung kaso ng
There is one case also where this was used
Avenida St., on March 5 2000 at 7 in the kliyente ko na nagaway tungkol sa tubig sa
and on the basis of which… the case of City
evening, all of a sudden, the accused came out subdivision sa may Paranaque. Sabi ng
of Iligan v Principal Mngt Devt Corp. Ginamit from nowhere and stabbed me with a very
yung Rule 35 on summary judgment kalaban namin,
sharp bolo… stabbed my back with a very
because of this request for admission. We sharp bolo that almost divided my body into Opponent: “nawawalan kame ng tubig,
may discuss that briefly when we go to Rule two. What kind of testimony is that? Very
ninanakaw yung tubig namin sa kabila.”
35 tomorrow. picture-esque testimony. And as an adverse
counsel, alam mo nagsisinungaling. Judge: Saan ninanakaw yung tubig?
Sinungaling e. So if I were the defense
Rule 27 counsel, “Your Honor, I move for the Opponent: Dun sa taas (tangke), sini syphon
Production or inspection of documents or inspection of the wound inflicted on his body.” (tap) papunta sa kanila.
things Ok, so stand up remove your shirt. It was
removed. When did this happen? 1 month ago So ayun, finile-an namin ng kaso. When he
or 2 months ago. Tinanggal yung shirt. Let me testified and I crossed examine him, nag
(GING) Will exhumation of a cadaver fall the scar. Nary a scar. So you are really… sanay testify yung defendant,
under this rule? Yes, because cadavers are ka magsinungaling ha. So this is… “I move for
considered things. This is very common in the dismissal!” It’s not true! Opponent: “totoo ho. Ninanakaw yung tubig
criminal cases – ocular inspection. namin”
Many are cases of Rape. Sa Criminal malimit
(Brondi) Question: Are the modes of discovery ito, but this is not limited to criminal cases. Sir: sabi ko, “when did you build your house
available in all proceedings? Civil, Criminal The alleged victim of Rape was testifying in there? When you build your house there, was
Spec Pro? Yun na nga. Sabi natin, they are open court. “on the night of April 5 2000, while the house of the plaintiff already adjacent to
available except deposition pending action. I was sleeping in my little room, all of a
you?”
sudden, I felt the hand going thru my body
How about this production and inspection of going through my body from up up, down Yes daw.
docs and things? Mas lalo na sa criminal down down… (laughing). And so I was
malimit nito gamitin. Yung tinatawag na ocular awakened by the coldness of the hand. And so Sir: So dinikit mo yon?
inspection and this is a good mode of when I woke up, I run across the room and he
discovery. It will really expedite the run after me. So we had a running contest Kasi nag testify siya, “we have a common
proceedings. There are even instances that inside the room. Until he caught up with me wall”.
because of the availment of this proceeding, and did the bastardly act.
the case can be dismissed outright, right there Sir: Sabi ko, “how thick is the common wall?”,
and then, i-dismiss mo na. The judge will Halimbawa ganon yung testimony, “your sabi niya, “about this”. I took a ruler, “so this
dismiss it if it has been established already honor, I move for the ocular inspection for the is about 1 foot?” no less than 1 foot tapos
that this particular complainant is a born liar, is situs of the crime, let us see where it common wall? (di makapaniwala).

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a prevaricator, innate liar. happened”. And so everybody visited the room

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and they found out, the room measured
Ocular Inspection. When you think of ocular
RULES 24-29
REM 1 BRONDIAL
Unang una mali nayan sa building code, you pero hindi pa resolved kasi pending appeal. Sa state, andami dami talgang kaso sa state
cannot use the wall of your neighbor as your away ng neighbors, pending appeal? ang liit liit na mga ganon.
own wall. Pwede mo idikit pero mag wawall ka ng claim (laughing). We have the propensity of
din. Pagkatapos tiniktikan daw yung wall tapos filing case. Mayroon akong kaso nakagat ng And the celebrated case of the rallyist in the
pinadaan yung hose then siniphon (tap). This aso, pumunta yung isang ale sa akin, atty. Mag states, sa new york ata yun, yung kinuha yung
is impossible and I moved for ocular fifile po ako ng kaso. Yung anak ko ho 15 years American flag and they trampled on the
inspection. Sabi ng kalaban ko it would be old kinagat ng aso ng neighbor namin. Gusto American flag. Finile-an, ano nangyare? Na
useless, this happened 1 or two years ago, kop o file-an ng kaso kasi nangako siyang DISMISS. Freedom daw. Propensity.
siyempre kinoveran na nila. Sabi ko naman, babayaran niya lahat 6000, eh 2000 lang
Kaya nga to cut all these cases, employ the
kahit kinoveran, makikita natin kung saan ba binayad niya kulang pa po ng 4000. I do not
modes of discovery para mawala na kaagad.
kinoveran. But the judge denied my motion, know how to dispose such kind of case, nasa
Inspection and production of documents and
sabi niya no need, there are already enough office e. sabi ko, alam mo, magagastusan ka
things.
evidence. But im reiterating my motion, sabi 4000 lang sinisingil mo, magagastusan ka. Sa
ng judge, “when the time comes, we will go if acceptance fee lang kulang na yung 4k mo.
it appears to be necessary, so tuloy ang “bakit atty. Magkano ba acceptance fee mo?
hearing. After formal offer of evidence, the Sabi ko20k! yung lang pala e. kumuha ng Rule 28 physical and mental examination
case was submitted for decision. Nagtataka cheke bnigyan ako. I WAS CAUGHT! Laughing! of persons
ako, sabi ko, “your honor, I am reiterating my Papano? I cannot refuse anymore. Finile ko
ocular inspection”, sabi niya, “hindi mo pa din yon, sa MTC, wala pa nun ung small claims This mode of discovery is the physical and
nakalimutan yung motion mo? That was 1 year court. My total damages was 30k plus mental examination must only be availed
ago.”, “yes your honor because that was attyorneys fees. Alam mo nanalo kame. Nung of IF the physical and mental examination
already submitted”, “sabi niya, ok we set a execution na, qinuash yung execution. Ginrant is relevant.
date for ocular inspection”. Ginrant after ung quashal of execution, na grant yung
Ang kaso mo sum of money, you ask for
submission, so at that particular date and time, appeal! (di makapaniwala) nakarating pa kame
mental examination, totally irrelevant. Ano ba
mga 2 o clock, andun yung judge, Cleck of sa RTC. Sabi ko, iba nang kaso ito. Magkano
naman ang kahulugan ng mental examination?
Court accompanied by policeman, then the atty. 20 ulit? Imagine, she was only collecting
Kasi nagpautang ka, sira ulo mo, ganon?
plaintiff, defendant, lawyer. So tinuro yung 4000.
(laughing). So it must always be relevant.
wall, pumunta sa bahay ng kliyente ko. Sabi
ng judge, “akala ko common wall? Let me go Sa old SCRA, makikita niyo doon may nag
An example of a relevant case would be
to the other”, so pumunta siya doon. “is this away na nanay ng mag klasmeyt sa
acknowledgment of a child. Question of
the same wall?” sabi nung judge, “hindi ho, elementary school, nagaway then claim for
paternity. So physical and meantal
ginawa naming yan (defendant). So mali na damages, ang pinagawayan nila yung anak ko
examination may be considered.
kaagad. “saan ba dito binutas? “Dito po, ang DAPAT GOLD MEDAL sa declamation
kinoveran na nila”. I know already that the contest. DI BA? (di makapaniwala) umabot sa In annulment of marriages cases, the
judge will never believe it. Papano ma syphon korte suprema! Maganda nay an, if you try to psychological examination is not only relevant,
(tap) ng tubig? From the tangke papunta dun read American cases mas lalo kang maloloko, it is MANDATORY. Ok?
sa, then pabalik dun para nakawin yon. Its in Philadelphia, there is one case, nakakulong
possible but very improbable, and why will you yung convict, he scaled the wall, tatakas siya. [ging] Example of relevant cases where this
go to that extent? Kasi talagang personalan na Yung pagtakas niya, pagdating niya sa taas, may be applied:
yung away. nung tatawid na siya, nahulog! Hinabla niya 1. Annulment of contract by reason of
yung state of Philadelphia. Eh gin-rant ng imbecility of a contracting party;
But this ocular inspection proved my point court. Kasi sabi niya, di dapat ako na damage 2. Common in paternity cases;

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na talga nga namang wala dyang kung mataas ang wall, I scaled the wall!

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nakawan, so we got the case in our favor Foolish. Propensity.
RULES 24-29
REM 1 BRONDIAL
When you ask for the exhumation of a if B asked for a copy of the result of the 2. The disobedient party maybe cited for
cadaver, is that physical or mental physical and mental examination of his own, contempt
examination? NEITHER. It s not physical nor then B will be waiving privilege communication 3. The disobedient party may be sued or
mental. That is PRODUCTION OF THING. between his own doctor and him as regards A. be liable for damages
4. The disobedient party can even be
[ging] Sec. 4 = waiver of privilege The case is A v B. a caused the mental or incarcerated for non compliance with
Section 4. Waiver of privilege. — By physical examination of B by doctor X. so this the order of the court
requesting and obtaining a report of the is supposedly privilege. The relationship
examination so ordered or by taking the between doctor B and X is supposedly [ging] Effects of refusal to comply with modes
deposition of the examiner, the party privilege. Is there a waiver here? No need for a of discovery:
examined waives any privilege he may have waiver because there is already an order of the
in that action or any other involving the 1. Compel to answer to the mode of
court to cause the examination of B by doctor
same controversy, regarding the testimony discovery
X. but the report of X goes to A kasi siya ang
of every other person who has examined or 2. Pay damages;
may thereafter examine him in respect of nag pa examine. B is not even entitled to the
the same mental or physical examination. report under the rule but if he secures a copy 3. Cite for contempt of court;
(4) of the report (B is given a report of Dr. X of his 4. Arrest.
own examination) then A is relation to the
Under privileged communication (Sec. 24, Rule doctor of B lets say Y, who examined B
130) = doctor and patient; A v. B. A would like between Dr. Y and B (another examination), That is a summary of Rule 29 and I mentioned
to have B examined by Dr. X; Between B and the privilege communication is waived. The to you section 3 par. C, the exception to
Dr. X, there is privileged communication. Is report is supposed to go to A but B got a copy. judgment by default without being preceded by
that waived under this rule? Yes. Because it is Wala nang privilege communication. A can also an order of default.
by order of the court. The results go to A as he get a copy of the report of doctor Y on the
was the one who requested. B is not entitled to mental and physical examination. But the
his own medical results. examination is not at the instance of the court,
privilege communication ito but because of
Now, hindi pa lumalabas sa bar yung section 4 sec. 4, this is waived. You get it? So the report
of rule 28, give a thought to that section 4. of Dr. Y about B, A can get it and B or Y cannot
Waiver of privilege. Ano ba yung privilege say privilege communication yna. HINDI
communication, under Rule 130 on the rule on PWEDE! NO. that is how to understand sec. 4
evidence, mayron tayong privilege of Rule 28.
communication between lawyer and client and
doctor and patient between husband and wife
between public officer and the custody of
public document. dito ang involve is the Rule 29 refusal to comply with modes of
privilege communication between the doctor discovery
and the patient.
These are the effects of non-compliance with
Ano ba rito ang waiver? Who waives the the modes of discovery, and you will note in
privilege? that rule 29, we can just sum them up, ano ba
and effect if you do not comply with the modes
If the case is between A and B and A would of discovery?
like to cause the physical/mental examination

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of B. the result of the examination of B must 1. What is sought to be established is

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be given to A. kasi siya ang nagpa examine e. deemed established

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