I.

Modes of discovery Outline

A. Depositions
1. Perpetuation of Testimony
a) Depositions de bene esse
b) Depositions perpetuam rei memoriam
c) Rule 134
2. Depositions Pending Action (Rule -23)
a) When may be taken (section 1)
(1) with leave of court
(2) without leave of court
b) Use of depositions (section 4)
(1) Effect of substitution of parties (Section 5)
(2) Objections to admissibility (Section 6)
(3) Effect of taking depositions (section 7)
(4) Effect of using depositions (section 8)
(5) Rebutting deposition (Section 9)
c) Officers to take dispositions (Sections 10, 11, 12)
(1) Commission and Letters Rogatory (Section 12)
d) Deposition upon written examination (Section 15)
e) Depositions upon written interrogatories (section 25)
f) Effects of Errors and Irregularities (Section 29)
(1) As to notice
(2) As to disqualification of officer
(3) As to competency or relevancy of evidence
(4) As to oral examination and other particulars
(5) As to form of written interrogatories
(6) As to manner of preparation
g) Depositions before Actions (Rule 24 Section 1)
h) Depositions pending Appeal (Rule 24 Section 7)
B. Interrogatories to Parties (Rule 25)
1. When leave of court is required (section 4)
2. Effect of failure to serve written interrogatories (section 6)
C. Admission by Adverse Party (Rule 26)
1. Implied admission (section2)
2. Effect of admission (section 3)
3. Effect to Failure to file and serve request for admission (section 5)
D. Production or Inspection of Documents or Things (Rule 27)
1. Rule 115 Rights of Accused, Section 10
2. Distinction of Production or Inspection of Documents or Things from Subpoena Duces Tecum
E. Physical and Mental Examination (Rule 29)
F. Refusal to comply with Modes of Discovery (Rule 29)
G. Application of Modes of Discovery in Criminal Cases
1. People vs Webb G.R. No. 132577 August 17, 1999
II. Distinction of Oral Depositions and Written Depositions

Oral Depositions Written Depositions