Civil Procedure

Rule 23: DEPOSITIONS

PENDING ACTION
Presented by: Emely Magno
Prof. JUSTICE CARMELITA S. MANAHAN (Ret.)

PUBLIC
 Section 14: Stipulations regarding taking of
Rule 23, Sections depositions

14-17 Section 15: Deposition upon oral

examination

Section 16: Orders for the protection of

parties and deponents

Section 17: Record of examination; oath;

objections

PUBLIC
 Section 14: Stipulations regarding
taking of depositions

PUBLIC
 Section 14. Stipulations
regarding taking of depositions.

If the parties so stipulate in

writing, depositions may be taken
Who may take before any person authorized to
deposition by administer oaths, at any time or
stipulation? place, in accordance with these
Rules, and when so taken may be
used like other depositions.

PUBLIC
 EO NO. 292, OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987,

as amended by RA No. 10755

“SEC. 41. Officers Authorized to Administer Oath. – The following officers have
general authority to administer oaths: President; Vice President; Members and
Secretaries of both Houses of Congress; Members of the Judiciary; Secretaries of
Departments; provincial governors and lieutenant-governors; city mayors;
municipal mayors; bureau directors; regional directors; clerks of courts; registrars
of deeds; other civilian officers in the public service of the government of the
Philippines whose appointments are vested in the President and are subject to
confirmation by the Commission on Appointments; all other constitutional
officers; and notaries public.

“The punong barangay is authorized to administer the oath of office of any

government official including the President of the Philippines.”

PUBLIC
 Section 15: Deposition upon oral
examination

PUBLIC
 Section 15. Deposition upon oral examination;
notice; time and place.

A party desiring to take the deposition of any person

upon oral examination shall:

1. Give reasonable notice in writing to every other

party to the action.
How to take deposition of a
person upon oral examination? 2. The notice shall state the time and place for taking
the deposition and the name and address of each
person to be examined, if known, and if the name is
not known, a general description sufficient to identify
him or her or the particular class or group to which
he or she belongs.

Can the court modify the Yes, on motion of any party upon whom the
notice is served, the court may for cause shown
time of taking deposition? enlarge or shorten the time.

PUBLIC
 NW-PANT
N-notice
W-writing

Deposition upon oral P-place for taking the deposition

A-address/es of the person/s to be examined
examination N-name/s of the person/s to be examined
T- time of taking the deposition

PUBLIC
 Sample Form:
Notice to Take
Deposition Upon
Oral Examination

PUBLIC
 Section 16: Orders for the
protection of parties and deponents

PUBLIC
 Section 16. Orders for the protection of parties and
deponents.
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, the court
in which the action is pending may make the following orders:
(a) That the deposition shall not be taken;
(b) That the deposition may be taken only at some designated
What are the orders place other than that stated in the notice;
(c) That the deposition may be taken only on written
which can be issued by interrogatories;
(d) That certain matters shall not be inquired into;
the court for the taking (e) That the scope of the examination shall be held with no one
present except the parties to the action and their officers or
of deposition upon oral counsel;
(f) That after being sealed the deposition shall be opened only
examination? by order of the court;
(g) That secret processes, developments, or research need not be
disclosed; or
(h) That the parties shall simultaneously file specified
documents or information enclosed in sealed envelopes to be
opened as directed by the court.

What other order The court may make any other order which justice requires to
which the court may protect the party or witness from annoyance, embarrassment, or
issue? oppression.
PUBLIC
 Issuance of protection order

The requisites for

the issuance of a
protection order are:

the order must be

there must be
for good cause
notice;
shown.

The matter of good cause is to be determined by the court in the exercise of judicial discretion. Good cause means a substantial reason—one
that affords a legal excuse. Whether or not substantial reasons exist is for the court to determine, as there is no hard and fast rule for
determining the question as to what is meant by the term "for good cause shown."

The requirement, however, that good cause be shown for a protective order puts the burden on the party seeking relief to show some plainly
adequate reasons for the order. A particular and specific demonstration of facts, as distinguished from conclusory statements, is required to
establish good cause for the issuance of a protective order. What constitutes good cause furthermore depends upon the kind of protective
order that is sought. (Ingrid Sala Santamaria and Astrid Sala Boza v Thomas Cleary/Kathryn Go-Perez v Thomas Cleary, G.R. No.
197122/G.R. No. 197161, June 15, 2016)

PUBLIC
 D³ S³-PAC
D- deposition shall not be taken
D- deposition may be taken only at some designated place
other than that stated in the notice
D- deposition may be taken only on written interrogatories

S- scope of the examination shall be held with no one

present except the parties to the action and their officers
Orders that can be issued by or counsel
the court for taking S-after being sealed the deposition shall be opened only by
order of the court
deposition upon oral S- secret processes, developments, or research need not be
examination disclosed

P- parties shall simultaneously file specified documents or

information enclosed in sealed envelopes to be opened as
directed by the court
A- any other order which justice requires to protect the
party or witness from annoyance, embarrassment, or
oppression
C- certain matters shall not be inquired into

PUBLIC
 Section 17: Record of examination;
oath; objections

PUBLIC
 Section 17. Record of examination; oath; objections.

The officer before whom the deposition is to be taken shall:

What are the procedures to be
1. Put the witness on oath and
undertaken by the officer during the
taking of the deposition by oral 2. Shall personally, or by some one acting under his or her direction and in his or
her presence, record the testimony of the witness;
examination?
3. The testimony shall be taken stenographically unless the parties agree otherwise.

All objections made at the time of the examination shall be noted by the officer
upon the deposition.

1. As to the qualifications of the officer taking the deposition; or

.
2. As to the manner of taking it; or
What is the rule on the objections raised
by the party during the proceedings? 3. As to the evidence presented; or

4. As to the conduct of any party; and

5. Any other objection to the proceedings

May the evidence objected to during the

Evidence objected to shall be taken subject to the objections.
proceedings be admitted?

What is the option of the parties served with notice 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
but do not want to participate in the oral to the witness and record the answers verbatim
examination?
PUBLIC
 RPT-OWE
R- record the testimony of the witness
P- put the witness on oath
T- testimony shall be taken stenographically unless the parties agree
otherwise

O- objections made at the time of the examination to the qualifications

of the officer taking the deposition, or to the manner of talking it, or to
the evidence presented, or to the conduct of any party, and any other
Duties of the officer during objection to the proceedings, shall be noted by the officer upon the
deposition
the taking of the deposition
W- 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

E- Evidence objected to shall be taken subject to

the objections

PUBLIC
 Sample Form:
Record of
Deposition

PUBLIC
 Thank you!

PUBLIC