Legal Forms: Prepared By: Roselle T. Bachiller

LEGAL
FORMS
PREPARED BY:
ROSELLE T. BACHILLER
MODES OF
DISCOVERY
Modes of Discovery
The modes of discovery are meant to serve as a device to

narrow and clarify the basic issues between the parties, and
for ascertaining the facts relative to those issues, which may
be resorted to before and after trial. It is of great assistance in
ascertaining the truth and prevents surprises at the trial.
Discovery procedures abbreviate the disposal of litigation and
saving the time of the court and encourage settlement.
The Modes of Discovery under the Rules of Court are:
(1)Depositions;
(2)Interrogatories to parties;
(3)Requests for admissions;
(4)Production and inspection of documents; and
(5)Physical and mental examination of persons.
DEPOSITIONS
Deposition of a witness may or may not be by leave of

court.
Deposition with leave of court
After the trial court has acquired jurisdiction over the

defendant or over the property which is subject of the action,
deposition may be undertaken by leave of court.
Deposition without leave of court
After the answer shall have been filed, deposition may be

undertaken without leave of court. The counsel desiring to
take the deposition should make arrangement with the Notary
Public, before whom the deposition will be done, for such
purpose.
Steps taken by a party desiring to take depositions upon
oral-examination within the Philippines
Reasonable written notice to all parties to the action
The person before whom the deposition is to take place is

like a trial judge conducting a hearing. Proceedings are
recorded stenographically.
The party desiring to take depositions may request the court

through the clerk of court for issuance of subpoena and
subpoena duces tecum for the purpose of said depositions.
The testimony of the witnesses and all proceedings are

transcribed. The officer shall submit the deposition to the
witness for his examination and reading, unless the witness
and the parties waive the same.
FORM NO. 122 Notice to take deposition upon oral examination
Atty. Ashley Kate Delgado

Counsel for defendant
Rm. 313 Pacific Building,
Paredes St. Binondo, Manila
Please take notice that on March 10, 2017 the undersigned counsel for plaintiff in Civil Case No. 27-
112011, entitled Jonna Bueno vs. Pedro Mendoza, For: Damages, RTC, Manila, will take deposition of Mr.
Jose Beltran, with address at #23 Luna St., Brgy. Estrada, Tondo, Manila before Notary Public Atty. Ricardo I.
Domingo at the latters address at #834 Pacific Bldg., Roxas Blvd., Manila at 11:00 a.m., upon oral
examination. The oral examination will continue from day to day at the same time and place until the oral
examination is completed.
Espaa, Manila, 27 February 2017
ATTY. PAOLO R. DE JESUS

Counsel for plaintiff
Address: Unit 1200, Tall Bldg. Condominium,
Espaa, Manila
Tel No.: (02) 894-2875
Email Address: prd@gmail.com
Roll of Attorney No. 2005-001023
IBP No. 67891 issued
on 5/10/2005 in Pasay City.
PTR No. 44568 issued
On 1/10/2011 in Pasay City.
MCLE Compliance No. III 000899
INTERROGATORIES
Steps to take depositions upon written interrogatories in the Philippines are:
The party desiring to take deposition of a witness upon written interrogatories should
prepare his written questions that will be answered by the witness.
The party will serve upon all parties the notice to take written interrogatories, as well as
interrogatories themselves, stating in the notice the name and address of the person who is
to answer them and the name, description and address of the officer before the deposition
is to be taken. The party served may, within ten (10) days from such notice, serve written
cross-interrogatories upon the other party, who in turn shall have five (5) days thereafter to
serve written re-direct interrogatories and the adverse party shall have three days to serve
re-cross-interrogatories.
Interrogatories to parties.
The pertinent provisions of Rule 25 read:
Section 1. Interrogatories to parties; service thereof. Under the same conditions
specified in section 1 of Rule 23, any party desiring to elicit material and relevant facts from
any adverse parties shall file and serve upon the latter written interrogatories to be
answered by the party served or, if the party served is a public or private corporation or a
partnership or association, by any officer thereof competent to testify in its behalf.
Section 2. Answer to interrogatories. The interrogatories shall be answered fully in
writing and shall be signed and sworn to by the person making them. The party upon whom
the interrogatories have been served shall file and serve a copy of the answers on the party
submitting the interrogatories within fifteen (15) days after service thereof, unless the court,
on motion and for good cause shown, extends or shortens the time.
Section 3. Objections to interrogatories. Objections to any
interrogatories may be presented to the court within ten (10) days after service
thereof, with notice as in the case of a motion; and answers shall be deferred
until the objections are resolved, which shall be at as early a time as is
practicable.
Section 4. Number of interrogatories. No party may, without leave of
court, serve more than one set of interrogatories to be answered by the same
party.
Section 5. Scope and use of interrogatories. Interrogatories may relate
to any matter that can be inquired into under section 2 of Rule 23, and the
answers may be used for the same purposes provided in section 4 of the same
Rule.
Section 6. Effect of failure to serve written interrogatories. Unless
thereafter allowed by the court for good cause shown and to prevent a failure
of justice, a party not served with written interrogatories may not be compelled
by the adverse party to give testimony in open court, or to give deposition
pending appeal.
FORM NO. 123. Notice to take deposition upon written interrogatories
Atty. Ashley Kate Delgado

Rm. 313 Pacific Building,
Paredes St. Binondo, Manila
Please take notice that on March 14, 2017 the undersigned counsel for plaintiff in Civil Case No. 27-
112011 entitled Jonna Bueno vs. Pedro Mendoza, For: Damages, RTC, Manila, will take deposition of Ms. Lita
Arranza, with address at #49 W&C Apt., Tondo, Manila before Notary Public Atty. Ricardo I. Domingo at the
latters address at #834 Pacific Bldg., Roxas Blvd., Manila at 10:00 a.m., upon written interrogatories and to
continue from day to day at the same time and place until the interrogatories shall have been completed.
Attached are the written interrogatories.

Address: Unit 1200, Tall Bldg. Condominium,
Espaa, Manila
Tel No.: (02) 894-2875
Steps to take depositions outside the country
The officers who take the deposition outside the country are a secretary of
embassy or legation, consul general, consul, vice-consul or consular
representative of the Republic of the Philippines; the person of officer
appointed by commission or under letters rogatory; or the person authorized to
administer oath whom the parties stipulate in writing to take deposition.
Serve notice to the other party of his desire to take deposition upon
written interrogatories of a witness.
The party will file a motion with the court for issuance of a commission or
letters rogatory
Letters rogatory is an instrument sent, together with the interrogatories,
in the name and by authority of a judge or court to the Philippine consular
officer in the country where the deposition is to take place requesting the latter
to cause to be examined upon written interrogatories, the witness whose name
and address are indicated, or to another judge or court in said place requesting
him to cause to be examined upon interrogatories the witness who is within the
jurisdiction of the judge or court.
The letters rogatory is coursed through the Department of Foreign Affairs,
along with the written interrogatories. The officer before whom the deposition
will then proceed, as in oral or written interrogatories taken within the country.
FORM NO. 124. Petition for issuance of letters rogatory
Republic of the Philippines
Regional Trial Court
National Capital Judicial Region
BRANCH 113
Pasay City
RAPHAEL A. CORONADO,
Plaintiff,
-versus- Civil Case No. CV-071898

For: Sum of Money
ELLEN T. DE GUZMAN,
Defendant.
x-------------------------------------------x
PETITION FOR LETTERS ROGATORY
PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:
1. For the purpose of completing plaintiffs evidence, so that a just and fair decision may be rendered in the instant case, it is
necessary that the testimony of Ms. Cassandra A. Winston, who is at present residing in the United States at #123, Oxford St., Coniver,
California U.S.A., be taken by means of deposition upon written interrogatories, attached herewith as Annex A, at the Philippine
Consulate at its offices in Los Angeles, California, U.S.A. before any consular representative thereat, at such date and time as the latter
may fix.
2. If the adverse party desires, he may serve cross-interrogatories to be filed in court, so that the direct interrogatories and
cross-interrogatories may both be sent to the Philippine Consulate at the above-indicated address.
WHEREFORE plaintiff respectfully prays that an order issue directing the adverse party, the defendant, to submit his written
cross-interrogatories within ten (10) days from notice, requiring the clerk of court to issue letters rogatory directed to the Philippine
consular representative in the Philippine Consular Office in Los Angeles, California, U.S.A. to take examination upon interrogatories
(both direct and cross) attached herewith, at such date and time as the consular representative may schedule, with notice to the witness
Ms. Cassandra A. Winston to appear and testify therein; and thereafter, to submit the record of deposition to the Court which issued this
order, with notice to both parties.
Pasay City, 20 February 2017

ATTY. RICA B. LUMABAO
Address: Lumabao Law Office
406 Violago Homes, Quezon City
Tel No.: (02) 8032-588
Email Add.: lawoffice@yahoo.com
Roll of Attorney No. 58500
MCLE Compliance No. VI-11201
Certification and filing by officer.
Sections 20 and 21 of Rule 23 read:
Section 20. Certifications and filing by officer. --- 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. He shall then securely seal the deposition in
an envelope indorsed with the title of the action and marked
Deposition of (here insert 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.
Section 21.Notice of Filing.The officer taking the deposition

shall give prompt notice of its filing to all the parties.
FORM NO. 126. Record of deposition
Branch 10, Manila
JONNA BUENO,
Plaintiff,
-versus- Civil Case No. 27-112011

For: Damages
PEDRO MENDOZA,
Defendant.
x-------------------------------------------x
DEPOSITION OF MR. JOSE BELTRAN
Records of the deposition upon oral examination. Taken before Notary Public Atty. Ricardo I. Domingo for and in the City
of Manila, Philippines, this 10th day of March 2017 at 11:00 a.m., pursuant to the attached notice to take deposition on behalf of
plaintiff in the above-entitled action.
Appearances:
(Copy)
Testimonies.
Jose Beltran, after having been duly sworn, testified orally as follows:
Direct examination:
(Copy)
Cross-examination:
(Copy)
Re-direct examination:
(Copy)
The above deposition was signed by Mr. Jose Beltran who gave said deposition, and the same is hereby
certified by the undersigned notary public to be faithful reproduction thereof.
___________________________
ATTY. RICARDO I. DOMINGO
Notary Public
CERTIFICATION
The undersigned, notary public for and in the City of Manila, Philippines, hereby certifies that
witness Mr. Jose Beltran was duly sworn to by the undersigned before taking the above deposition and that the
deposition and the record thereof of witness Mr. Jose Beltran, as above-stated, are true and correct.
Roxas Blvd., Manila, 10 March 2017
ATTY. RICARDO I. DOMINGO

Notary Public
My Commission Expires Dec. 31, 2018
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila
Doc. No. 525

Page No. 120
Book No. 3
Series of 2017.
Depositions before action.
A person who desires to perpetuate his own testimony or that of

another person regarding any matter that may be cognizable in
any court of the Philippines, may file a verified petition in the
court of the place of the residence of any expected adverse party.
FORM NO. 127. Verified petition to perpetuate testimony before action
BRANCH 12
Quezon City
RAPHAEL A. CORONADO,
Petitioner,
-versus- Civil Case No. CV-071898

For: Recovery of Sum of Money
ELLEN T. DE GUZMAN,
Respondent.
x-------------------------------------------x
PETITION TO PERPETUATE TESTIMONY
PETITIONER Raphael A. Coronado, by counsel and to this Honorable Court, respectfully alleges:
Petitioner is of legal age and residing at #123 Brgy. 12, Trabajo, Quezon, City.
Petitioner expects to be party to an action in court in the Philippines but he is presently unable to bring it.
The subject matter of the expected action is for a sum of money, in the amount of P1,000,000.00, which Ellen
T. De Guzman, with address at #29 Acacia St., Brgy San Filipe, Quezon City borrowed, as evidenced by a check
which the respondent issued to Raphael A. Coronado in said amount and which he encashed and the same was
dishonored for having been drawn against closed account, as shown by the return check and notice of dishonor.
The person who was present during the transaction was Karen Dumlao, with address at #29 Narra St., Brgy.
Diliman, Quezon City and who knew surrounding facts thereof.
Petitioner is very sick, as he suffered stroke, and his physical mobility has greatly been affected.
The interest of justice would be served by perpetuating the testimonies of herein petitioner and of Karen
Dumlao, as evidence in the expected action against Ellen T. De Guzman for recovery of sum of money.
WHEREFORE, petitioner respectfully prays that the court issue an order authorizing him to take deposition
of herein petitioner and that of Ellen T. De Guzman, before such authorized person and at such time and place, as
the court may require.
Quezon City, 20 February 2017
ATTY. RICA B. LUMABAO

Address: Lumabao Law Office
406 Violago Homes, Quezon City
Tel No.: (02) 8032-588
Email Add.: Llawoffice@yahoo.com
MCLE Compliance No. VI-11201
REQUESTS FOR ADMISSIONS
Request for admission by adverse party
At any time after issues have been joined, a party may file and serve upon
any other party a written request for the admission by the latter of the
genuineness of any material and relevant document described in and exhibit with
the request or of the truth of any material and relevant matter of fact set forth in
the request. Copies of the document shall be delivered with the request unless
copies have already been furnished.
Request for admission; purpose; consequences.
This mode of discovery is easier to undertake, as all that a party will do is to

prepare the written request addressed to the other party to admit certain facts
and/or the genuineness of certain documents within a designated period of not
less than fifteen (15) days from service. The request is addressed to the party
himself, and not to his lawyer, although the lawyer may answer the request and
not necessarily the party himself.
FORM NO. 129. Request for admission of documents and material facts.
Branch 10, Manila
JONNA BUENO,
Plaintiff,

For: Damages
PEDRO MENDOZA,
Defendant.
x-------------------------------------------x
RE: REQUEST FOR ADMISSION
Mr. Pedro Mendoza

Defendant
#72 Sunflower St., Brgy. 25
Tondo, Manila
Pursuant to Sections 1 and 2 of Rule 26 of the Rules of Court, request is hereby made upon you, within fifteen (15) days
from your receipt hereof, to admit the due execution and genuineness of the documents, herein listed below, and the truth of the
facts below enumerated, as follows:
The due execution and authenticity of the following documents, namely:

(Copy documents and attach copies thereof.)
The truth of the material facts, namely:
(Enumerate them.)

Address: Unit 1200, Tall Building
Condominium, Espaa, Manila
Tel No.: (02) 894-2875
PRODUCTION OR INSPECTION OF DOCUMENTS
Production or inspection of documents or things
Section 1 Rule 27 provides:
Upon motion of any party showing good cause therefore, the court in which
an action is pending may (a) order any party to produce and permit the
inspection and copying or photographing, by or on behalf of the moving party, of
any designated documents, papers, books, accounts, letters, photographs,
objects or tangible things, not privileged, which constitute or contain evidence
material to any matter involved in the action and which are in his possession,
custody or control; or (b) order any party to permit entry upon designated land or
other property in his possession or control for the purpose of inspecting,
measuring, surveying, or photographing the property or any designated relevant
object or operation thereon. The order shall specify the time, place and manner
of making the inspection and taking copies and photographs, and may prescribe
such terms and conditions as are just.
Production of documents as a mode of discovery requires: (1) the existence
of described documents; (2) the possession or control of them by the adverse
party, his servant, or agent; (3) the information wanted; and (4) the materiality
and necessity of the entries in books or papers to the determination of the issues
involved. The documents must be specifically described and must not be
privileged against disclosure.
FORM NO. 130. Motion for Production and inspection.
Branch 10, Manila
JONNA BUENO,
Plaintiff,
For: Damages
PEDRO MENDOZA,
Defendant.
x-------------------------------------------x
MOTION FOR PRODUCTION AND INSPECTION
COMES Now plaintiff, by counsel and to this Honorable Court respectfully alleges:
1. Plaintiff has filed an action for unfair competition and damages against defendant.
2. Defendant has unfairly engaged in unfair competition for a period of two years and the sales of goods and
the value thereof by defendant which unfairly compete with those of plaintiff are shown by sales invoices,
accounting records and receipts, the examination of which is material and relevant to plaintiffs action.
3. Plaintiff needs such documents to prove its claims, which are in the custody and control of defendant.
4. The records and documents mentioned are not privileged, nor confidential.
WHEREFORE, plaintiff prays that an order be issued, authorizing plaintiffs accountants and lawyers entry
to defendants office, making available to them all records pertaining to the period from January 2010 to December
2012 for examination and accounting purposes, and allowing them to photographing said documents, which
plaintiffs accountants and lawyer deem material and relevant to the issues in the pending action.
Plaintiff further prays for such other reliefs as may be just and equitable in the premises.
Address: Unit 1200, Tall Building Condominium
Espaa, Manila
Tel No.: (02) 894-2875
PHYSICAL AND MENTAL EXAMINATION OF PERSONS
The court may upon motion of the movant, order that a party in a pending
action, in which his mental or physical condition is in controversy, order him to
submit to a physical or mental examination by a physician. The pending action
may refer to an action involving physical injury, blood grouping test, annulment
of marriage on the ground of impotency, guardianship over an incompetent or
mentally retarded person, probate of a will by one who is claimed not in full
possession of his mental capacity, etc.
Physical and mental examination is a form of discovery, and not to prove an

expert witness for a litigant or to settle conflicts between medical witnesses.
FORM NO. 131. Motion for physical and mental examination.
Manila
JUANA DELA CRUZ,

Plaintiff,
For: Damages
JANE DOE,
Defendant.
x-------------------------------------------x
MOTION FOR PHYSICAL AND MENTAL EXAMINATION
PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges:

1. One of the issues raised by defendant in this case is that he did not voluntarily agree to, and execute, the
deed of sale of a parcel of land, subject matter of the pending case, because he allegedly was insane at the time of
the execution of said deed of sale.
2. To determine defendants claim of insanity, it is necessary that a physical and mental examination of
defendant be conducted by a government physician at the Philippine General Hospital and that the latter be
required to render a report on the defendants physical and mental condition.
WHEREFORE, plaintiff respectfully prays that an order be issued requiring the examination of the
physical and mental condition of defendant Jane Doe by a government physician at Philippine General Hospital,
specifying the time, place, manner, conditions and scope of the examination of said person and directing the
examining physician to render a written report thereon.

Tel No.: (02) 894-2875
TRIAL
Upon entry of the case in the trial calendar, the clerk shall notify the parties of
the date of its trial in such manner as shall ensure his receipt of that notice at
least five (5) days before such date.
A court may adjourn a trial from day to day, and to any stated time, as the
expeditious and convenient transaction of business may require, but shall have no
power to adjourn a trial for a longer period than one month for each adjournment,
nor more than three months in all, except when authorized in writing by the Court
Administrator, or Supreme Court.
A motion to postpone a trial on the ground of absence of evidence can be

granted only upon affidavit showing the materiality or relevancy of such evidence,
and that due diligence has been used to procure it. But if the adverse party admits
the facts to be given in evidence, even if he objects or reserves the right to their
admissibility, the trial shall not be postponed.
FORM NO. 133. Motion to postpone due to absence of evidence.
Branch 10, Manila
JONNA BUENO,
Plaintiff,

For: Damages
PEDRO MENDOZA,
Defendant.
x-------------------------------------------x
MOTION FOR POSTPONEMENT
DEFENDANT, by counsel and to this Honorable respectfully moves the hearing set for March 20, 2017
be postponed to another date, at least one (1) month therefrom, on the ground that his remaining material
witness, Mr. Willy B. Geronimo, whom he has scheduled to present, is abroad and will not be back until
three (3) weeks from date hereof.
The gist of the testimony of witness Mr. Willy B. Geronimo and its materiality or relevancy are shown in
the attached affidavit, which is attached herewith, as Annex X.
WHEREFORE, defendant prays that the hearing set for March 20, 2017 be postponed to another date, at
least one (1) month from said date, to enable Ms. Jonna Bueno to present him as her last witness.

ATTY. ASHLEY KATE DELGADO
Address: Rm. 313 Pacific Building,
Paredes St. Binondo, Manila Tel No.:
(02) 749-8412
Email Address: akd@gmail.com
FORM NO. 134. Motion to postpone due to illness.

Branch 10, Manila
JONNA BUENO,
Plaintiff,

For: Damages
PEDRO MENDOZA,
Defendant.
x-------------------------------------------x
MOTION FOR POSTPONEMENT
PLAINTIFF, by counsel and to this Honorable respectfully moves that the scheduled hearing on March 20, 2017
be postponed to another date on the ground that the undersigned counsel for plaintiff is sick and suffering from
high blood pressure, and has been advised by his physician to rest for at least two (2) weeks, as evidenced by the
doctors certification, under oath, attached hereto as Annex X.
WHEREFORE, plaintiff prays that the hearing set for March 20, 2017 be postponed to another date.

Tel No.: (02) 894-2875
END

Legal Forms: Prepared By: Roselle T. Bachiller

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LEGAL

The modes of discovery are meant to serve as a device to

The Modes of Discovery under the Rules of Court are:

Deposition of a witness may or may not be by leave of

Deposition with leave of court

After the trial court has acquired jurisdiction over the

Deposition without leave of court

After the answer shall have been filed, deposition may be

Reasonable written notice to all parties to the action

The person before whom the deposition is to take place is

The party desiring to take depositions may request the court

The testimony of the witnesses and all proceedings are

Atty. Ashley Kate Delgado

Espaa, Manila, 27 February 2017

ATTY. PAOLO R. DE JESUS

Atty. Ashley Kate Delgado

Espaa, Manila, 27 February 2017

-versus- Civil Case No. CV-071898

PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

Pasay City, 20 February 2017

Sections 20 and 21 of Rule 23 read:

Section 20. Certifications and filing by officer. --- The officer

Section 21.Notice of Filing.The officer taking the deposition

-versus- Civil Case No. 27-112011

Roxas Blvd., Manila, 10 March 2017

ATTY. RICARDO I. DOMINGO

Doc. No. 525

A person who desires to perpetuate his own testimony or that of

-versus- Civil Case No. CV-071898

PETITION TO PERPETUATE TESTIMONY

Quezon City, 20 February 2017

ATTY. RICA B. LUMABAO

Request for admission by adverse party

Request for admission; purpose; consequences.

This mode of discovery is easier to undertake, as all that a party will do is to

-versus- Civil Case No. 27-112011

RE: REQUEST FOR ADMISSION

Mr. Pedro Mendoza

The due execution and authenticity of the following documents, namely:

Espaa, Manila, 27 February 2017

Production or inspection of documents or things

Section 1 Rule 27 provides:

MOTION FOR PRODUCTION AND INSPECTION

Physical and mental examination is a form of discovery, and not to prove an

JUANA DELA CRUZ,

MOTION FOR PHYSICAL AND MENTAL EXAMINATION

PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges:

Espaa, Manila, 27 February 2017

A motion to postpone a trial on the ground of absence of evidence can be

-versus- Civil Case No. 27-112011

MOTION FOR POSTPONEMENT

Espaa, Manila, 27 February 2017

FORM NO. 134. Motion to postpone due to illness.

-versus- Civil Case No. 27-112011

MOTION FOR POSTPONEMENT

Espaa, Manila, 27 February 2017

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