Beruflich Dokumente
Kultur Dokumente
The facts
Scenario: XvY
X may take the deposition of Y; or
Y May take the deposition of X
X v. Y W (non-party)
A party may take the deposition of another party or the deposition of a person who
is not a party to the action.
For a party to avail himself of the modes of discovery, does the party need leave of court?
1-4 Modes of Discovery:
1. If no answer has not yet filed, the court has acquired jurisdiction over the person of the
defendant by service of summons: Leave of Court is REQUIRED.
2. If an answer has already been filed: Leave of Court is NOT REQUIRED.
5 and 6 Modes of Discovery: Leave of Court is ALWAYS REQUIRED
2. If the deposition is that of a non-party to the action, the deposition can be used only for the
purpose of contradicting or impeaching the deponent as a witness.
Except:
a) That the witness is dead
b) That the witness is outside of the Philippines
c) That the witness lives more than 100 km from the place of trial
d) That the witness is too infirm as to be able to testify in court
On the basis of the notice, for the taking of the deposition, the court will issue a
subpoena to W.
Can W refuse?
No, he need to appear before the officer for the taking of his deposition.
The witness will be present to examine W the way that a witness is examined in
court.
If you are the one who will take the deposition of the witness, you arrange for the officer
to be present with a stenographer. During the examination, you may ask questions the way
you will examine him in court (Questions must be relevant to the issue). The witness may
also be cross-examined by the other party. Then the recorded examination will be sealed
and subjected to the court.
Except this time: Before the date mentioned in the notice, the written
interrogatories must be submitted to the officer, and a copy to the other party.
Scenario: X v. Y W (non-party)
RTC in Baguio, W reside in Baguio.
He gave his deposition, (Note that the deposition cannot be used as evidence)
Suppose X will use the deposition as evidence.
Scenario: X v. Y W (non-party)
RTC in Baguio. Suppose W resides in Marawi,
You need W to testify, but W does not want to go to Baguio.
What will be the remedy?
Take the deposition of W in Marawi, give a notice of deposition in the court in the
city of Marawi which will state the date, time and place for the taking of the
deposition. Not in the court of Baguio.
Then the court will issue a subpoena for the taking of the deposition of W.
What are the instances when to use Oral Examination and Written Interrogatories?
The Rules does not say. It will depend to the convenience of the person taking the deposition.
Note: If the defendant fails to answer, the motion of the plaintiff will be in default.
Is there an instance, although that the defendant filed an answer to the complaint, can he still
be declared in default?
Yes, if he refuses to comply with the modes of discovery.
If a defendant did not answer to the written interrogatories, that can be a sanction for the defendant
to be declared in default.
The first to present evidence is the plaintiff, after presenting the evidence the plaintiff RESTS.
Then the second to present evidence will be the defendant, then after, the defendant RESTS.
The court will receive the evidence of the parties
The reception of evidence may also be delegated to the Clerk of Court (who is a member of the
bar)
Instances where the court may delegate the reception of evidence to the Clerk of Court:
1. In Default hearings
2. In Ex Parte hearings
3. In all cases in which the parties agree in writing.
If the defendant is declared in default, then the court can render judgment against him based
on the facts pleaded on the complaint; but in the discretion of the court, the court may
require the plaintiff to present evidence against the defendant ex parte.
Rule 30 Sec. 5 – The reception of evidence can be delegated to the Clerk of Court.
The plaintiff will present his evidence in chief. The plaintiff will call witnesses and then
present evidence (Testimonial, Documentary, etc.)
After presenting the evidence in chief, the plaintiff will rest his case.
Then the defendant will also present his evidence, but instead of filing his evidence, the
defendant may file a Demurrer to Evidence.
In a civil case, the defendant does not need leave of court to file a demurrer to evidence.
The appellate court finds that In the mind of the court, the
the evidence is not evidence is sufficient;
sufficient. therefore, the appellate court
will render judgment on the
basis of evidence presented
by the plaintiff.
NOTE: Granted + Reverse = The Defendant will lose his right to present evidence.
Suppose the Appellate Court, reverses the dismissal, will it remand the case to the lower court?
No, in case of a reversal of the dismissal, the court will render judgment. The basis will be on the
evidence presented by the plaintiff in the case below.
Scenario: The trial court granted the Demurrer to evidence and dismissed the case, the
plaintiff appealed. On appeal, the court reversed the dismissal and remanded the
case to the lower court. Directing the lower court to receive the evidence of the
defendant.
In a summary judgment, there is no genuine issue as to any material fact and the moving party is
entitled to judgment as a matter of law.