Section 4 – 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 ……..
Section 4 – Order and Examination

…..deposition may be taken and

specifying the subject matter of the
examination and whether the
depositions shall be taken upon oral
examination or written ……….
Section 4 – Order and Examination

…..interrogatories. The depositions

may be taken in accordance with Rule
23 before the hearing.
Process to request approval to take
deposition before action

Summons

20 days

Order
ORDER

issued by the Court after the court is

satisfied that the perpetuation of the
testimony may prevent a failure or delay
of justice
Section 4 – 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
How to satisfy the court?
Contents of an Order
• Designation and description of the persons
whose deposition may be taken

• Specification of the subject matter of the

examination

• Whether the deposition is to be taken upon oral

examination or written interrogatories.
May an Order be subject
of a Motion for
Reconsideration?
G.R. No. 209057
Martinez vs Ongsiangko (March 15, 2017)

The petitioner and other adverse parties

filed a Motion for Reconsideration and the
court allowed the parties to orally argue
their grounds in support of, or against,
the reconsideration of the Resolution
granting the Petition.