Know Your Rights Philippines
Our advocacy is to educate Filipino people of their rights and duties under the law.
13/11/2025
SUMMARY OF THE PROCESS FOR TAKING A DEPOSITION UPON ORAL EXAMINATION
(Section 15, Rule 23)
Things to Remember:
1. Deposition is a method of pre-trial discovery which consists in taking the testimony of a person under oath upon oral examination (oral deposition) or upon written interrogatories.
2. The term deposition also refers to the testimony or statement so taken.
3. Deponent is the person whose testimony is to be taken.
4. Rule 23 of the Rules of Court, as amended, is about Depositions Pending Actions.
5. Depositions pending actions are those taken during the pendency of a case before the court a quo.
6. Depositions may either be taken:
* upon oral examination (also known as an oral deposition), or
* upon written interrogatories.
7. The illustration below shows the process of taking deposition upon ORAL EXAMINATION.
*Officer=the person who takes the deposition
8. Within the Philippines, depositions may be taken before any judge, notary public, or any person authorized to administer oaths. (Section 10 & 14, Rule 23)
SUMMARY OF THE PROCESS FOR TAKING A DEPOSITION UPON ORAL EXAMINATION
(Section 15, Rule 23)
Things to Remember:
1. Deposition is a method of pre-trial discovery which consists in taking the testimony of a person under oath upon oral examination (oral deposition) or upon written interrogatories.
2. The term deposition also refers to the testimony or statement so taken.
3. Deponent (witness) is the person whose testimony is to be taken.
4. Rule 23 of the Rules of Court, as amended, is about Depositions Pending Actions.
5. Depositions pending actions are those taken during the pendency of a case before the court a quo.
6. Depositions may either be taken:
* upon oral examination (also known as an oral deposition), or
* upon written interrogatories.
7. The illustration below shows the process of taking deposition upon ORAL EXAMINATION.
*Officer=the person who takes the deposition
8. Within the Philippines, depositions may be taken before any judge, notary public, or any person authorized to administer oaths. (Sections 10 & 14, Rule 23)
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14/12/2025