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1
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
HERRERA
2
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
HERRERA
3
SY
2015-2016
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