DEPOSITIONS UPON ORAL EXAMINATION

QUESTION-ANSWER and everything is RECORDED

Before deposition is taken, A party desiring to take the deposition of any
person upon oral examination shall give reasonable NOTICE IN WRITING to
every other party to the action.
The NOTICE shall state the
o TIME and PLACE for taking the deposition
o NAME and ADDRESS of each person to be examined, if known
o if the name is not known, a GENERAL DESCRIPTION sufficient to
identify him or the particular class or group to which he belongs. (SEC
15)

On MOTION of any party upon whom the notice is served, the court may for cause
shown ENLARGE or SHORTEN THE TIME. (court may also do this even if Leave of court
is not required)
ORDERS THAT COURT MAY ISSUE FOR THE PROTECTION OF PARTIES AND
DEPONENTS.
SEC 16 and 18 are similar. Both talk about the power of the Court to control the
deposition taking
PROTECTION ORDERS OF PARTIES
AND DEPONENTS (SEC 16 & 28)
protective orders BEFORE deposition
taking
After notice is served for taking a
deposition by oral examination, upon
motion seasonably made by any party or
by the person to be examined and for
good cause shown, (which means it will
be done before the taking of the
deposition)
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the court in which the action is

pending

MOTION TO TERMINATE OR LIMIT

EXAMINATION (SEC 18) protective
orders DURING the deposition taking
where the court may stop or limit the
deposition taking.
At any time during the taking of the
deposition, on motion or petition of any
party or of the deponent and upon a
showing that the examination is being
conducted in bad faith or in such manner
as unreasonably to annoy, embarrass, or
oppress the deponent or party
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Makes an order that :

1. deposition shall not be taken,
2. it may be taken only at some
designated place other than that
stated in the notice,
3. it may be taken only on written
interrogatories,
4. certain matters shall not be
inquired into,
5. the scope of the examination shall
be held with no one present
except the parties to the action
and their officers or counsel,
6. that after being sealed the

the court in which the action is

pending or
the RTC of the place where the
deposition is being taken

Orders the officer conducting the

examination to cease forthwith from
taking the deposition, or may limit the
scope and manner of the taking of the
deposition

deposition shall be opened only

by order of the court,
7. that secret processes,
developments, or research need
not be disclosed,
8. that the parties shall
simultaneously file specified
documents or information
enclosed in sealed envelopes to
be opened as directed by the
court;
9. or that it shall not be taken before
the officer designated in the
notice (Sec 28)
10. any other order which justice
requires to protect the party or
witness from annoyance,
embarrassment, or oppression.
> If the order made in Sec. 18 TERMINATES the examination, it shall be resumed only
upon order of the court in which the action is pending.
> Upon DEMAND of the objecting party or deponent, the TAKING of the deposition
shall be SUSPENDED for the time necessary to make a notice for an order.
> In GRANTING or REFUSING such Order, the court may impose upon either party or
upon the witness the requirement to pay such costs or expenses as the court may
deem reasonable.
AVAILABILITY OF DEPONENT TO TESTIFY: NOT A GOOD CAUSE TO ORDER
THAT HIS DEPOSITION SHALL NOT BE TAKEN

HYATT INDUSTRIAL V LEY CONSTRUCTION (G.R. No. 108119, January 19, 1994)
Facts: RTC cancelled scheduled depositions on the ground that the taking of
the deposition would cause unnecessary duplicity as the intended deponents
shall also be called as witnesses during the trial
Held: While depositions may be disallowed if the examination is conducted in
bad faith; or in such a manner to oppress the person subject of the inquiry,
such circumstances are absent in this case.
The RTC cites the delay in the case as a reason for cancelling the scheduled
depositions. While speedy disposition of cases is important, such
consideration should not outweigh a thorough and comprehensive evaluation
of cases, for the ends of justice are reached not only through the speedy
disposal of cases but more importantly through a meticulous and
comprehensive evaluation of the merits of the case.
In the case of Fortune Corp. vs. CA, which already settled the matter,
explained that: the availability of the proposed deponent to testify in court
does not constitute good cause to justify the courts order that his
deposition shall not be taken. That the witness is unable to attend to testify is
one of the grounds when the deposition may be used in court during the trial.

But the same cannot be successfully invoked to prohibit the taking of his
deposition.
PROCEDURE FOR TAKING ORAL DEPOSITIONS (SEC 17)
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It must be under oath

The testimony shall be taken stenographically unless the parties agree

otherwise.

All objections shall be noted by the officer upon the deposition.

Evidence objected to shall be taken subject to the objections.

CAN THE DEPOSTION OFFICER MAKE A RULING TO THE OBJECTION/S?
No. But objections will be noted and the deponent must answer. Later on, if
the deposition is offered as evidence in court, the court will now rule on the
objection. If the objection is OVERRULED, the answer as record remains. If
SUSTAINED however, the answer as recorded is ERASED as if it was never
answered.

In lieu of participating in the oral examination, parties served with notice of

taking a deposition may transmit written interrogatories to the officers,
who shall propound them to the witness and record the answers verbatim.

CAN COUNSEL PREVENT HIS CLIENT FROM ANSWERING?

ISABELA SUGAR CO., INC V MACADAEG 93 PHIL. 995 (1953)
Held: When the deposition of a witness is being taken, the party objecting to a
question claimed to be immaterial or irrelevant may object thereto, but such
party cannot prevent the witness from answering the question because the
relevancy or materiality will only be decided upon the trial when the
deposition is being introduced as evidence.
An exception to this general rule obtains when the questions propounded are
annoying, embarrassing, or oppressive to the deponent , in which case the
matter may be submitted to the trial judge for a ruling, or when the
constitutional privileges against self-incrimination is invoked by the deponent
or by the counsel on his behalf.
*Answers to depositions NOT OBJECTED TO cannot be objected to in court
during the trial, UNLESS the objection is based on a NEW GROUND which
only came up AFTER the deposition.
LIMITATIONS (instances when deposition taking will be disallowed);
1. when it can be shown that the examination is being conducted in bad faith or
in such a manner as to annoy, embarrass, or oppress the person subject to
inquiry
2. inquiry touches upon the irrelevant
3. inquiry encroaches upon the recognized domains of privilege (privileged
matters)
Sec. 19. Submission to witness; changes; signing.
- After the deposition of the Deponent is taken, the deposition officer shall
submit the deposition to the deponent for examination

Deponent may change his answers but he must state the reason for the
change.

The deposition shall then be signed by the witness, unless the parties by
stipulation waive the signing or the witness is ill or cannot be found or refuses
to sign.

MAY THE DEPOSITION BE ADMITTED IN EVIDENCE DESPITE FAILURE OF THE

DEPONENT TO SIGN THE SAME?
AYALA LAND INC., V TAGLE
Held: On the objection of Ayala Land Inc. owing to the lack of signature of the
deponent, it should be noted that a deposition NOT SIGNED does not preclude
its use during the trial. A deponents signature to the deposition is not in all
events indispensable since the presence of signature goes primarily to the
form of deposition.
The requirement that the deposition must be examined and signed by the
witness is only to ensure that the deponent is afforded the opportunity to
correct any errors contained therein and to ensure accuracy. In any event, the
admissibility of the deposition does not preclude the determination of its
probative value at the appropriate time.
-

If the deposition is not signed by the witness, the officer shall sign it and state
on the record the fact of the waiver or of the illness or absence of the witness
or the fact of the refusal to sign together with the reason given therefor, if
any, and the deposition may then be used as fully as though signed, unless on
a motion to suppress under section 29 (f) of this Rule, the court holds that the
reasons given for the refusal to sign require rejection of the deposition in
whole or in part.

Sec. 20. Certification and filing by officer. (reading matter)

- The officer shall certify on the deposition that the witness was duly sworn to
by him and that the deposition is a true record of the testimony given by the
witness.
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He shall then securely seal the deposition in an envelope indorsed with the
title of the action and marked "Deposition of (here insert the name of
witness)" and shall promptly file it with the court in which the action is
pending or send it by registered mail to the clerk thereof for filing.

Sec. 21. Notice of filing. (reading matter)

The officer taking the deposition shall give prompt notice of its filing to all the parties.
Sec. 22. Furnishing copies.
Upon payment of reasonable charges therefor, the officer shall furnish a copy of the
deposition to any party or to the deponent.
WHAT HAPPENS IF A PARTY GIVING THE NOTICE OF THE TAKING OF THE
DEPOSITION FAILS TO ATTEND AND PROCEED WITH THE TAKING OF
DEPOSITION? (SEC 23)
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If the party giving the notice of the taking of a deposition fails to attend and
proceed therewith and another attends in person or by counsel pursuant to
the notice, the court may order the party giving the notice to pay such

other party the amount of the reasonable expenses incurred by him

and his counsel in so attending, including reasonable attorneys fees.
FAILURE OF PARTY TO SERVE A SUBPOENA UPON THE WITNESS. (SEC 24)
-

If the witness because of such failure does not attend, and if another party
attends in person or by counsel because he expects the deposition of that
witness to be taken, the court may order the party giving the notice to
pay to such other party the amount of the reasonable expenses
incurred by him and his counsel in so attending, including reasonable
attorneys fees.

ORAL EXAMINATION (Sec. 15)

The question and answers are ORAL.
Served upon every party to the action
with reasonable notice in writing stating:
a. The time and place for taking the
deposition, and
b. The name and address of each
person to be examined, if known.
If the name is not known, a
general description sufficient to
identify him or the particular class
or group to which he belongs

WRITTEN INTERROGATORIES (Sec.

25)
The questions are prepared in advance.
Served upon every other party with a
notice stating:
a. The name and address of the
person who is to answer them,
and
b. The name or descriptive title and
address of the officer before
whom the deposition is to be
taken

DEPOSITION UPON WRITTEN INTERROGATORIES

Within 10 days, a party so served may serve cross-interrogatories upon the party
proposing to take the deposition Within 5 days, re-direct interrogatories upon
the party who has served cross-interrogatories Within 3 days, a party may serve
recross-interrogatories upon the party proposing to take the deposition.
Sec. 26 Officers to take and prepare record
A copy of the notice and copies of all interrogatories served shall be delivered by the
party taking the deposition to the officer designated in the notice, who shall proceed
promptly, in the manner provided by Sec. 17, 19 and 20 of this Rule, to take the
testimony of the witness in response to the interrogatories and to prepare, certify and
file or mail the deposition, attaching thereto the copy of the notice and the
interrogatories received by him.
Section 27. Notice of filing and furnishing copies. When a deposition upon
interrogatories is filed, the officer taking it shall promptly give notice thereof to all the
parties, and may furnish copies to them or to the deponent upon payment of
reasonable charges therefor.
Section 28. Order for the protection of parties and deponents. After the
service of the interrogatories and prior to the taking of the testimony of the
deponent, the court in which the action is pending, on motion promptly made by a

party or a deponent, and for good cause shown, may make any order specified in
sections 15(deposition upon oral examination), 16(orders for the protection of parties
and deponents), and 18 (motion to terminate or limit examination) of this Rule which
is appropriate and just or an order that the deposition shall not be taken before the
officer designated in the notice or that it shall not be taken except upon oral
examination.