RULES OF

Discovery, in general, is defined as the

disclosure of facts resting in the
knowledge of the defendant, or as the
production of deeds, writings, or things in
his possession or power, in order to
maintain the right or title of the party
asking it, in a suit or proceeding. (Insular
Life Assurance Co., Ltd. V. Court of
Appeals, 238 SCRA 88)

DISCOVERY
Trial judges should encourage the use of the
different modes of discovery since a knowledge of
the evidence of the adverse party may facilitate
an amicable settlement or expedite the trial of the
case. Since resort thereto is not mandatory, if the
parties chose not to avail of discovery procedures,
the pre-trial should be set accordingly.

KOH VS IAC, ET AL.,

G.R. NO. 71388, SEPT. 23, 1986
 PEOPLE VS WEBB
[G.R. NO. 132577. AUGUST 17, 1999]

The use of discovery procedures is directed to

the sound discretion of the trial judge. The
deposition taking cannot be based nor can it
be denied on flimsy reasons. Discretion has to
be exercised in a reasonable manner and in
consonance with the spirit of the law.
 RULE 23 - 28
 Depositions pending action (Rule 23);
 Depositions before action or pending appeal (Rule 24);
 Interrogatories to parties (Rule 25);
 Admission by adverse party (Rule 26);
 Production or inspection of documents or things (Rule 27);
 Physical and mental examination of persons (Rule 28);
And Rule 29 provides for the legal consequences for the refusal
on the part of a party to comply with such modes of discovery
lawfully resorted to by the adverse party.
 DEPOSITION, DEFINED

The testimony of a witness taken upon oral question or

written interrogatories, not in open court, but in
pursuance of a commission to take testimony issued by
a court, or under a general law or court rule on the
subject, and reduced to writing and duly
authenticated, and intended to be used in preparation
and upon the trial of a civil or criminal prosecution. A
pretrial discovery device by which one party (through
his or her attorney) asks oral questions of the other party
or of a witness for the other party. (People vs. Webb,
312 SCRA 573, 199)
 DEPOSITIONS IN CRIMINAL CASES

Rule 119, Section 13 Rule 119, Section 13.

Examination of defense Examination of witness
witness; how made. for prosecution
CLASSIFICATIONS OF DEPOSITIONS
 Deposition on oral examination and deposition upon
written interrogatories; or
 Depositions
de bene esse and depositions in perpetuam
rei memoriam
 Depositions de bene esse are those taken for purposes of
a pending action and are regulated by Rule 23, while
depositions in perpetuam rei memoriam are those taken
to perpetuate evidence for purposes of an anticipated
action or further proceedings in a case on appeal and are
now regulated by Rule 24.
RULE 24:
DEPOSITIONS
BEFORE ACTION
OR PENDING APPEAL
 PERPETUATION OF TESTIMONY

Alonso, et al. vs. Rey vs Morales,

Lagdameo,
35 Phil. 230
7 Phil. 75
Not conclusive Prima Facie