RULE 134 1
Perpetuation of Testimony
Section 1. Petition. — 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, any file a verified petition in
the court of the province of the residence of any expected adverse party.
Section 2. Contents of petition. — The petition shall be entitled in the name of the petitioner and shall
show: (a) that the petitioner expects to be a party to an action in a court of the Philippines by is presently
unable to bring it or cause it to be brought; (b) the subject matter of the expected action and his interest
therein; (c) the facts which he desires to establish by the proposed testimony and his reasons for desiring
to perpetuate it; (d) the names of a description of the persons he expects will be adverse parties and their
addresses so far as known; and (e) the names and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the
petitioner to take the depositions of the persons to be examined named in the petition for the purpose
of perpetuating their testimony.
Section 3. Notice and service. — The petitioner shall thereafter serve a notice upon each person named
in the petition as an expected adverse party, together with a copy of a petition, stating that the petitioner
will apply to the court, at a time and place named therein, for the order described in the petition. At least
twenty (20) days before the date of hearing the notice shall be served in the manner provided for service
of summons.
Section 4. Order of examination. — If the court is satisfied that the perpetuation of the testimony may
prevent a failure or delay of justice, it shall make an order designating or describing the persons whose
deposition may be taken and specifying the subject matter of the examination, and whether the
depositions shall be taken upon oral examination or written interrogatories. The depositions may then be
taken in accordance with Rule 24 before the hearing.
Section 5. Reference to court. — For the purpose of applying Rule 24 to depositions for perpetuating
testimony, each reference therein to the court in which the action is pending shall be deemed to refer to
the court in which the petition for such deposition was filed.
Section 6. Use of deposition. — If a deposition to perpetuate testimony is taken under this rule, or if,
although not so taken, it would be admissible in evidence, it may be used in any action involving the same
subject matter subsequently brought in accordance with the provisions of Sections 4 and 5 of Rule 24.
Section 7. Depositions pending appeal. — If an appeal has been taken from a judgment of the Regional
Trial Court or before the taking of an appeal if the time therefor has not expired, the Regional Trial Court
in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their
testimony for use in the event of further proceedings in the said court. In such case the party who desires
to perpetuate the testimony may make a motion in the said Regional Trial Court for leave to take the
depositions, upon the same notice and service thereof as if the action was pending therein. The motion
shall show (a) the name and the addresses of the persons to be examined and the substance of the
