Professional Documents
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Case Digests Discovery: Montealto - 1
Case Digests Discovery: Montealto - 1
PAJARILLAGA V CA
Case: PR filed a complaint for a sum of money
against Pet. PR presented witness but
petitioner nor his counsel was absent. Upon
motion of PR, TC declared pet to have waived
his right of cross examination and allowed
private respondent to make a formal offer of
evidence.
Pet filed a Motion for leave of our to
take the deposition of the defendant on the
grounds that: petitioner resides in Manila which
is more than 400km and is suffering from
illness. Which was denied by the TC. Elevated
to CA which affirmed TC.
Issue: Wether the taking of petitioners
deposition by written interrogatories is proper
under the circumstances obtaining in this
case?
Held: No. Deposition is chiefly a mode of
discovery, the primary function of which is to
supplement the pleadings for the purpose
of disclosing the real points of dispute
between the parties and affording an adequate
factual basis during the preparation for trial.
Discovery is very liberal in its
application and is not allowed only because of
limited grounds. There is no rule that limits
deposition taking only in pre-trial. Depositions
may be taken at any time after the institution of
any action whenever necessary or convenient.
But when viewed with the several
postponements by the petitioner the court s of
the view that his timing is, in fact, suspect. Pet
offered no excuse for his and counsels
absence and merely moved for resetting
without invoking the grounds that was set
before the appeal.
Grounds not proven. As to distance, pet
could have asked for a change in venue early
in the proceedings. For illness, the med cert
did not specify that it would endanger his
health if he went to Mt. Province.
MONTEALTO | 1
The court finds the protracted delay in
the litigation at petitioners instance coupled
with the belated and unsubstantiated
allegations of illness and threats to petitioners
life, more than sufficient reasons for the trial
court to deny petitioners motion.
MONTEALTO | 2
proving facts which will not be disputed on trial
and the truth which can be ascertained by
reasonable inquiry.
Note on another issue: It is in the discretion of
labor arbiter if there will be a formal case.
Documents passed will be understood that
they have included the pieces of evidence
needed to establish their case.
MONTEALTO | 3
those that are essential (ultimate facts) and not
evidentiary facts. If the ultimate facts is
insufficient or ambiguous, ask for BOP.
However, BOP is limited to making more
particular or definite the ultimate facts and not
supply the evidentiary facts. (Common
perception: evidentiary details are made
know only during trial which is WRONG).
Evidentiary matters may be inquired into and
learned by the parties before trial. Depositiondiscovery procedure was designed to remedy
the
conceded
inadequacy
and
cumbersomeness of the pre-trial functions of
notice-giving, issue-formulation and fact
revelation. It is meant to serve as (1) a device,
along with pre-trial hearing to narrow and
clarify the basic issues bet parties and (2)
as a device for ascertaining facts relative to
the issue.
Leave of Court is required when an answer
has not yet been filed. Also with regard to
production or inspection of documents and
physical and mental examination of persons.
Sanctions on the party who refuses to make
discovery: (1) dismissing the action or
proceeding or part thereof; (2) rendering
judgement by default against the disobedient
party; (3) contempt of court; (4) arrest of the
party or agent; (5) payment of the amount of
reasonable expenses; (6) taking the matters
inquired into as established in accordance with
the claim of the party seeking discovery; (7)
refusal to allow the disobedient party support
or oppose designated claims or defences; and
(8) striking out pleadings.
Limitations to discovery: (1) when it can be
shown that the examination is being conducted
in bad faith or in such a manner as to annoy or
embarrass, or oppress the person subject to
inquiry; (2) irrelevant; and (3) privileged.
No need to file for a motion of leave for
amendment.
MONTEALTO | 4
MONTEALTO | 5
Who may take deposition in a foreign
country: on notice before a secretary or
embassy or legation, consul general, consul,
vice consul or consular agent or before such
person under or officer as may be appointed
by commission or under letters of rogatory.
Commission: issued by the court as a
directive to an official of the Philippines,
authorizing him to take the deposition of the
witness.
Letters of Rogatory: requests to foreign
tribunals to give its aid in securing the desired
information.
Held: RTC and CA affirmed. The RTC has
issued a commission to the Asian Exchange
Centre to take the testimonies. And upon
request and authority of DFA, the latter will
issue a certificate of Authentication. In addition
to that, commission must go thru DFA first
(requests for deposition).
As to foreign jurisdiction not recognised by
PH: What matters is that the deposition is
taken before a Philippine official acting by
authority of the Philippine Department of
Foreign Affairs and in virtue of a
commission duly issued by the Philippine
Court in which the action is pending, and in
accordance, moreover, with the provisions
of the Philippine Rules of Court pursuant to
which opportunity for cross-examination of
the deponent will be fully accorded to the
adverse party.
As to deposition availed before the action
comes to trial: Deposition may be taken at
any time after the institution of any action,
whenever necessary and convenient.
As to departure from the Norm: The
procedure is not on that account rendered
illegal nor is the deposition thereby taken,
inadmissible. It precisely falls within one of the
AYALAND V TAGLE
Case: ASB Realty Corp and EMRASON filed
for nullification of Contract to Sell Real
Properties, Cancellation of Annotations on
Transfer Certificates of Title and Damages
against Ayala Land.
ASB alleged that on 21 May 1994, they
entered into a Letter Agreement with
EMRASON for the conditional sale of the
latters property to the former. However ASB
received a letter informing him the EMRASON
entered into a contract to sell, with the same
property, on 18 May 1994 with Ayala Land.
ASB filed a motion for leave to take testimony
by deposition upon oral examination of Emerito
Ramos Sr since he was already 87 years old
and that he may not be able to testify on
plaintiffs behalf in the course of the trial on
merits.
Emerson Sr died at the age of 92 yrs old. ASB
filed before the trial court a motion to introduce
in evidence the deposition of Emerito. The
motion was opposed by Ayala which led to this
petition.
Issue: Whether or not the deposition of
Emerito is admissible?
MONTEALTO | 6
Review on Discovery:
Deposition: In its more technical and
appropriate sense, the meaning of the word is
limited to written testimony of a witness given
in the course of a judicial proceeding in
advance of the trial or hearing upon oral
examination.
Purpose of Deposition: (1) give greater
assistance to the parties in ascertaining the
truth and in checking and preventing perjury
(2) Provide an effective means of detecting
and exposing false, fraudulent claims and
defenses; 3) Make available in a simple,
convenient and inexpensive way, facts which
otherwise could not be proved except with
great difficulty; 4) Educate the parties in
advance of trial as to the real value of their
claims and defenses thereby encouraging
settlements; 5) Expedite litigation; 6)
Safeguard against surprise; 7) Prevent delay;
8) Simplify and narrow the issues; and 9)
Expedite and facilitate both preparation and
trial.
Held:
As to the validity of deposition: The
depositions made by Emerito was made in
accordance with the requirements of the rules.
It was taken inside the courtroom of the trial
court, before the clerk of court. A stenographer
was present, tape recorders and a video
camera were even utilised to record the
proceedings, in the presence of all the
opposing counsels of record including ALIs.
As to lack of signature of deponent: 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 signatures purpose was to
ensure that the deponent is afforded the
opportunity to correct any errors contained
therein. The admissibility of evidence should
not be equated to weight of evidence.
MONTEALTO | 7
proceeded and LCDC was declared non-suit.
LCDC appealed to CA (12th) but was denied.
Meanwhile on another appeal by LCDC
regarding the deposition on the CA (7th)
rendered a judgement granting the appeal of
LCDC and remanding it to the trial court for
further proceeding.
Issue: Whether the CA (7th) exceeded its
authority? Whether the CA erred in remanding
the case to the trial court?
Held: No to both.
As to the authority of CA (7th): It did not
exceed authority. In fact, the CA (12th) foresaw
that this might happen and included in its
judgement that their decision will not produce
legal effect and that the CA(7th) should be left
free to resolve the same.
As to the CA remanding it to the TC: LCDC
filed for deposition after the answer was filed
and therefore mere notice was needed. In the
case, LCDC filed the required notices to the
court. Yes, the depositions may be disallowed
anent showing of bad faith but it was absent in
the case at bar.
HYATT
INDUSTRIAL
CONSTRUCTION
LEY
MONTEALTO | 8
the issuance of a temporary restraining order
and preliminary injunction (Sps sought to
enjoin SB, Domingo Uy, and the Sheriff from
proceeding with an extrajudicial foreclosure).
SB filed an answer with compulsory
counterclaim and crossclaim. Before Domingo
filed an answer to defendants crossclaim, he
filed an Omnibus Motion (Production of
Documents and Suspension and/or Extension
of time to file answer to cross claim) on the
ground that these documents must first be
prepared before he could prepare and file his
answer. Spouses also filed for production of
documents.
TC
granted
it
upon
reconsideration. CA affirmed.
Issue: Whether the CA erred in granting the
two motions?
Review on Discovery:
Good cause: does not relate to the substance
in the document but to the reason for procuring
relevant or material matters therein; so that the
enforcement of the rule entails exercise of
sound discretion. The burden is on the moving
party to demonstrate the need for the
documents sought beyond the relevancy or
materiality of the evidence therein.
SECURITY BANK V CA
Case: Security bank was a defendant in a civil
case against Spouses Uy. Spouses sought for
injunction and damages with an application for
MONTEALTO | 9
Held:
As
to
the
documents
not
being
indispensable: For Domingo, the documents
were material and important to the issues
raised in the case in general and as between
defendant and defendant SBC. It would enable
Domingo to intelligently prepare his defenses
against the cross-claim. For the Spouse, it was
for a good cause because the said documents
were necessary for a full determination of the
issues raised the Case.
As to the relevance: Petitioner contends that
the documents that Spouses sought (the
original and additional mortgage contracts
executed by Jackie Trading) were not relevant
to the case of declaration of nullity. And the
documents sought by Domingo was not
relevant because the trial court ruled that he
could prepare his answer to the cross claim
without those documents.
The court finds the document relevant since
the spouse executed an SPA to Domingo to
mortgage their property for their benefit but the
latter used it as a security to Jackivis loan.The
additional mortgage contracts executed by
Jackie are material. he spouses can determine
why petitioner was going after their property
which was invalidly mortgaged by Domingo.
And the same documents would be useful in
Domingos defines against the cross-claim.
SOLIDBANK V CA
Case: Solidbank filed a complaint for collection
of sum of money against Gateway. The latter
secured a foreign currency loan to the former.
As a security, transferred its rights to the Backend Services Agreement with Alliance to
Solidbank. Gateway then failed to pay the loan.
Solid bank amended the complaint to include
stockholders as they are sureties. They also
filed a motion for production and inspection of
document on the basis of an information that
Gateway received the proceeds of the Backend services. TC granted said motion.
Gateway presented documents but Solidbank
was not satisfied with it. Solidbank filed a
motion to cite Gateway and its officers in
contempt for their refusal to produce the
documents. The court denied the motion but
ruled that the documents sought to be
produced which were not otherwise produced
shall bet taken to be established in accordance
with plaintiffs claim. CA reversed on the
ground that the Motion for Production of
Documents did not comply with Rule 27.
Issue: Whether the Motion for Production of
Documents failed to comply with Rule 27?
Held: There is good cause to Solidbanks
motion but it is fatally defective since it did not
specify with particularity the documents it
required. All documents pertaining to , arising
from, in connection with or involving the Backend Services Agreement.
MONTEALTO | 10
MONTEALTO | 11
As to no leave of court since their answer
was abutandi cautela: Ex abutandi cautela
means out of abundant caution or to be on
a safe side. An answer ex abutandi causal
does not make their answer less of an answer.
The answers filed by petitioners shows that
they contain their respective defences.
Therefore, the issues in this case have already
been joined.
MONTEALTO | 12
As to estoppel: The petitioners are not
estopped from challenging the admissibility of
the deposition just because they participated in
the taking thereof. While errors and
irregularities in depositions as to notice,
qualifications of the officer conducting the
deposition, and manner of taking the
deposition are deemed waived if not objected
to before or during the taking of the deposition,
objections to the competency of a witness or
the competency, relevancy, or materiality of
testimony may be made for the first time at the
trial and need not be made at the time of the
taking of the deposition, unless they could be
obviated
at
that
point.