Civ Pro - Rule 23-29 (Modes of Discovery)

Question 1

is a device employed by a
party to obtain, from the adverse party, information about relevant matters on the case in preparation for the trial

Answer 1

Discovery

Question 2

The various modes or instruments of discovery are meant to;

Answer 2

• to serve (1) as a device, along with the pre-trial hearing to narrow and clarify the basic issues between the parties, and
• (2) as a device for ascertaining the facts relative to those issues.

The evident purpose is to enable the parties, consistent with recognized privileges, to obtain the ** fullest possible knowledge of the issues** and facts before civil trials.

Question 3

what is the duty of the court in relation to the modes of discovery?

Answer 3

the court is required to issue an order requiring parties to avail of rule 25 & 26
or
at the discretion of the parties, avail rule 23, 27, 28

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aside from preparing the summons within one day from the receipt of the complaint

the court is required to issue an order requiring the parties to avail of

• interrogatories to parties (Rule 25) AND
• request for admission by adverse
  party (Rule 26)

OR

at the parties discretion, make use of
- deposition (Rule 23) or
- production/inspection of documents or things (Rule 27) or
- physical & mental examination of persons (Rule 28)

A copy of this order shall be served upon the defendant together with the summons.

A copy of the order shall also be served upon the
plaintiff

Question 4

Enumerate the Modes of Discovery under the ROC

Answer 4

• depositions pending action (R23)
• depositions before actions or pending of appeal (R24)
• interrogatories to parties (R25)
• admission by adverse party (R26)
• production or inspection of documents or things (R27)
• mental and physical examination of persons (R28)

Question 5

is the taking, out of court, of the testimony of any person, whether he be a party or not, but at the instance of a party to the action.

Answer 5

deposition

Question 6

If the deposition is for use during a pending action, it is commonly called a ____ and is governed by Rule 23

Answer 6

deposition de benne esse

Question 7

a deposition that used to perpetuate a testimony for use in future proceedings, as when it is sought before the existence of an action, or for cases on appeal, it is called a and is governed by Rule 24

Answer 7

deposition in perpetuam rei memoriam

Question 8

The person whose testimony is to be taken is called a

Answer 8

deponent

Question 9

the deposition of a person _____ may be taken only by leave of court and upon such terms as the court prescribes

Answer 9

imprisoned

Question 10

The rule provides for two methods of taking a deposition. It may be either by

Answer 10

• written interrogatory
• oral examination

Question 11

The attendance of witnesses to be examined may be compelled by the use of a ___ (Sec. 1, Rule 23

Answer 11

subpoena

Question 12

What can the court do if the witness fails to attend after subpoena?

Answer 12

provided there is proof of service AND failure of the witness

• court/judge issuing the subpoena may issue a warrant of arrest AND
• the witness is deemed in contempt

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the court or judge issuing the subpoena, upon proof and service thereof and of the failure of the witness, may issue a warrant to arrest the said witness and bring him or her before the court or officer where his attendance is required (Sec. 8, Rule 21)

• Also, failure to obey a subpoena, without justifiable cause, shall be deemed a contempt of the court from which the subpoena is issued (Sec.
  9, Rule 21,

Question 13

what must be done if a party or other deponent, during the deposition, refuses to answer any question upon oral examination and its consequences?

Answer 13

• ask on other relevant matters
• end the questioning
  -apply for an order from the court to compel deponent to answer

if refusal is not justifiable, court may order person and/or counsel to answer or to pay proponent amount of the expenses incurred in obtaining the order with atty’s fees

after being ordered and refuse, may be held in contempt of court

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- the deposition may continue on other matters or
- may be adjourned at the election of the proponent of the question.

• However, the proponent may apply, before the court where the deposition is taken, for an order to compel an answer. If the application is granted, the court shall require the refusing party or deponent to answer the question
• If the court finds that the refusal is
  not supported by a substantial justification, it may order the person refusing to answer or the counsel advising the refusal, or both, to pay to the proponent the amount of the reasonable expenses incurred in obtaining the order, including attorney’s
  fees (Sec. 1, Rule 29

The party or deponent who refuses to answer a question, after being ordered to do so by the court, may be held in
contempt of court. The same rule applies for a refusal to be sworn as a witness. Under the Rules, a refusal to be sworn or a refusal to answer a question after being so ordered, may be considered contempt of court (Sec. 2, Rule 29

Question 14

what are the other consequences of unjustifiably refusing to answer questions in depositions?

Answer 14

on a PARTY | court issue order:
[A]
- order that matters asked will be taken to support the opposing party’s claim

[B]
- order to refuse disobedient party to support or oppose claims or defenses
[C]
- order to strike out pleadings and parts or - staying proceedings until order obeyed
- dismissing the action
- rendering judgment by default against disobedient

[1]
One consequence of the refusal by a party (not by a mere witness) to obey an order requiring him to answer designated questions is that the court may issue an order that the matters regarding which the questions were asked shall be taken to have been established for the purpose of the action in accordance with the claim of the party obtaining the order from the court (Sec. 3 [a], Rule 29)

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The court may assume that the
unanswered questions contain information that supports the opposing party’s claims
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[2]
the court may issue an order refusing disobedient party to support or oppose designated claims or defenses. The order may prohibit the disobedient party from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of physical or mental condition (Sec. 3 [b], Rule 29)

[3]
It is also possible that the court may issue an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceedings or any party thereof, or rendering a judgment by default against a disobedient party

In lieu ofthe above orders or in addition thereto, the court
may issue an order directing the arrest of any party or his
agent for disobeying court orders except an order to submit to
a physical or mental examination
(Sec. 3 [c], Rule 29,)

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Sec 3(c)
- strike out pleadings/parts of it
- stop proceedings until depositions complied
- dismissing action/proceedings/party
- rendering a judgement by default against disobedient party
- arrest of any party/agent EXC: phy&men exam
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Question 15

A party desiring to take the deposition of any person upon oral examination shall give to every party to the action a
reasonable notice in writing. Such notice is required to contain the following:

Answer 15

1. date and time
2. name & address of each if known
   if not known, general description or class or group he belongs

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(a) the time and place for taking the deposition; and

(b) the name and address of each person to be examined, if known; if not known, there must be a general description sufficient to identify him or her or the particular class or group to which he or she belongs (Sec.
15, Rule 23

Question 16

After service of the notice, the court, upon motion by any party or by the person to be examined and for good
cause shown, issue ___________ of the parties and the deponent. For instance, the court may, among others, order that the deposition be taken only at a designated place other than the one stated in the notice; that instead of being orally conducted, the deposition may be taken only on written interrogatories.

Answer 16

order of protection

Question 17

Certain guidelines for oral depositions provided for under Sec. 17 of Rule 23 must be observed. These are:

Answer 17

1. officer shall ensure deponent or witness to be under oath
2. testimony of the witness/deponent be recorded unless otherwise agreed by parties
3. all objections made shall be noted & evidence objected to is recorded

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- (a) The officer before whom the deposition is taken shall put the witness on oath; he or she shall personally
and in his or her presence record the testimony of the witness or the recording may be done by someone acting under his or her direction.

• (b) The testimony of the witness or deponent must be recorded and be taken stenographically, unless the
  parties agree otherwise;
• (c) All objections made at the time of the examination shall be noted and evidence objected to shall be taken but subject to the objections (the applicable
  provision does not provide that the officer has to rule on the objection);

[[The phrase “subject to the objections” means that while the evidence is being recorded, it is understood that the objections raised during the deposition will be reviewed and ruled upon later. The objections do not prevent the evidence from being taken down, but their validity or appropriateness will be considered at a later stage, such as during court proceedings.]]

Question 18

If the deposition is not signed by the witness, the officer shall sign it and state on the record the attendant
facts, together with the reason given for the non-signing of the deposition. This having been done, the deposition may be used as fully as though it was signed, unless ______ under Sec. 29(f) of Rule 23 and the court holds that the reasons given for the refusal to sign require rejecting the deposition in whole or in part

Answer 18

motion to suppress

Question 19

discuss the last step of oral deposition

Answer 19

• officer certify deposition
• seal and file in court or register mail it to clerk
• all parties are notified of its filing & is furnished a copy when paid

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• The officer is required to certify on the deposition that the witness was duly sworn to by him or her 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 “Deposition of (name of witness).” He or she shall, likewise, promptly file it with the court in which the action is pending or send it by registered mail to the clerk thereof for filing (Sec. 20, Rule 23).
• All parties shall promptly be notified of its filing by the officer taking the deposition (Sec. 21, Rule 23,) AND upon payment of reasonable charges, the officer shall furnish a copy of the
  deposition to any party or to the deponent (Sec. 22, Rule 23,).

Question 20

what is the process of oral deposition?

Answer 20

1. notice in writing to the person
2. protection order upon motion by any party, or by the same person
3. instead of oral, may transcribe to officer the written interrogatories
4. when testimony transcribe, will be checked by witness for any change in form or substance
5. if not signed, officer shall sign it
6. officer certifies, seal, and files it to the court & parties notified of its filing

Question 21

A party desiring to take the deposition of any person upon written interrogatories shall serve the interrogatories upon every other party with a notice stating

Answer 21

• name and address of person who will answer
• name, descriptive title, and address of officer who will conduct the deposition

Question 22

The party served with the interrogatories may also serve ________ upon the party proposing to take the deposition within __ calendar days from service of the written interrogatories. The latter (initial party) may, __ calendar days, serve ___.

Within 3 calendar days after being served with re-direct interrogatories, a party may serve ___ upon the party proposing to take the deposition (Sec. 25, Rule 23

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Answer 22

cross-interrogatories
10 c.days
5 c.days
re-direct interrogatories
re-cross interrogatories

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In summary, the process involves a back-and-forth exchange of written interrogatories between the parties. It starts with the party proposing to take the deposition serving written interrogatories. The other party responds with cross-interrogatories, and the original interrogating party can then respond with re-direct interrogatories. Finally, the party being deposed has the opportunity to serve re-cross interrogatories.

Question 23

Before Whom Taken

Within the Philippines, a deposition need not be taken before a judge, although it may be taken before one.
It may also be taken before a ____ (Sec. 10, Rule 23) or before any person authorized to administer oaths if the parties so stipulate in writing (Sec. 14, Rule 23)

Question 24

Before Whom Taken
Outside the Philippines, a deposition may be taken before:

Answer 24

• secretary of an embassy or legation, consul general, consul, vice-consul or consular agent of the Republic of he Philippines
• person or officer as may be appointed by commission or letters rogatory
• person authorized to administer oaths by written stipulation

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Letters rogatory are formal requests from a court in one country to a court in another country seeking assistance in taking the deposition.

Question 25

use of depositions pending action

Answer 25

[1]
-1. Any part or all of the deposition, so far as admissible under the rules on evidence, may be used (a) against any party who was present or represented at the taking of the deposition,
or (b) against one who had due notice of the deposition. The deposition, or any of its parts, may be used at the trial or upon the hearing of a motion or an interlocutory proceeding

[2]
- a. - contradicting or impeaching the testimony of the deponent as a witness

• b. - for any purpose by the adverse party where the deponent is a party or at time of taking the DP, was an officer, director, or managing agent of a public/private corp, partnership, or association which is a party
• c. -For any purpose by any party, where the
  deponent is a witness, whether or not a party, if the court finds that:
  c1 - witness is dead
  c2 - witness resides more than 100km from place of trial/ out of philippines
  c3 - witness is unable to attend because of age or sickness or imprisonment
  c4 - party offering DP unable to procure attendance of witnesses by subpoena
  c5 - exceptional circumstances exists

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2a - This use pertains to situations where the testimony given during the deposition contradicts or undermines the testimony the same deponent provides when testifying as a witness in court. Depositions can be used to challenge the credibility or consistency of a witness.

2b - If the deponent is a party to the case or holds a specific role (officer, director, or managing agent) in a corporation, partnership, or association that is also a party, the adverse party can use the deposition for any purpose. This includes using the deposition as evidence to support their case

2c - This provision expands the use of depositions for any party when the deponent is a witness, regardless of whether the deponent is a party in the case. However, certain conditions must be met:

(i) The witness is dead.
(ii) The witness resides more than 100 kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that their absence was procured by the party offering the deposition.
(iii) The witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment.
(iv) The party offering the deposition has been unable to procure the attendance of witnesses by subpoena.
(v) Exceptional circumstances exist, upon application and notice.

Question 26

what is the effect of substitution of parties insofar as deposition is concerned?

Answer 26

• no effect on right to use DP previously taken
• when action dismissed and another action w/ same subject & parties is brought, DP taken may be used in new action as if it was originally taken

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The substitution of parties does not affect the right to use the depositions previously taken (Sec. 5, Rule 23)
The same rule also provides that when an action has been dismissed
and another action involving the same subject and between the same parties, or their representatives or successors in interest, is afterwards brought, all the depositions lawfully
taken and duly filed in the former action may be used in the latter as if originally taken.

Question 27

what is the effect of the taking of deposition of a person?

Answer 27

as rule 23 sec 7 outlines, that person is not automatically considered a witness to the party who initiated the deposition.

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“[A] party shall not be deemed to make a person his or her own witness for any purpose by taking his or her deposition.”

Question 28

what is the effect of using the deposition of a person?

Answer 28

• while taking the DP does not make a person a witness to the party taking his deposition, the introduction or any part thereof of said DP makes deponent the witness of the party who introduced the DP
• # provision does not apply to adverse partythe introduction of the deposition, or any part thereof, makes the deponent the witness of the party introducing the
  deposition if used for a purpose other than that of contradicting or impeaching the deponent (Sec. 8, Rule 23, Rules of Court, as amended by A.M. No. 19-10-20-SC). The same provision, however, does not make this rule applicable to the use by an adverse party of a deposition mentioned in paragraph (b) of Sec. 4 of Rule 23, as amended by A.M. No. 19-10-20-SC.

Question 29

what is the process of perpetuation of testimony before action?

Answer 29

1. perpetuation of testimony is done by filing a verified petition in the residence of any of the expected adverse party
2. Notices shall be sent & if court satisfied that perpetuation of testimony will prevent failure/delay of justice, shall order for the taking of the DP
3. the DP taken is admissible in evidence in any action w/ same subject matter

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1. The perpetuation of a testimony is done by filing a verified petition in the place of the residence of any expected
adverse party (Sec. 1, Rule 24)

• 2. Notices shall be sent in accordance with the Rules (Sec. 3, Rule 24,)and if the court is satisfied that the perpetuation of the testimony may prevent a failure
     or delay of justice, it shall make the appropriate order for the taking of the deposition (Sec. 4, Rule 24).
• 3. The deposition taken under this Rule is admissible in evidence in any action subsequently brought involving the same subject matter (Sec. 6, Rule 24

Question 30

what is the process of DP pending appeal?

Answer 30

1 the court where judgement was rendered may allow the DP to be taken for future proceedings

2. party motion for leave to take DP. Notice and Service shall be made the same way as if the action was pending
3. the motion shall state
   - a. names & addresses of the prsns to be examined
   - b. substance of the testimony he expects to elicit
   - c. reason for perpetuating his tstmny
4. court allow if it prevents failure or delay of justice

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- 1If an appeal has been taken from a judgment of a court, including the Court of Appeals in proper cases, or before the taking of an appeal if the time therefor has not expired, the 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 said court (Sec. 7, Rule 24)

• 2. The party who desires to perpetuate the testimony may make a motion in said court for leave to take the depositions. The notice and service shall be made in the same manner as if the action is pending (Sec. 7, Rule 24, Rules)
• 3. The motion shall state the (a) names and addresses of the persons to be examined; (b) substance of the testimony he or she expects to elicit from each of the persons to be examined; and (c) reason for perpetuating their testimony
     (Sec. 7, Rule 24)
• 4. The court shall allow the depositions if it finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice. The depositions may be taken and used in the same manner and under the same conditions prescribed for depositions taken in pending actions (Sec. 7, Rule 24

Question 31

This mode of discovery is availed of by a party to the action for the purpose of eliciting material and relevant facts from any adverse party (Sec. 1, Rule 25)

Answer 31

interrogatories of parties

Question 32

The Guidelines to be Observed by _______ (A.M. No. 03-1-09-SC) considers this mode of discovery as important because within one day from receipt of the complaint, the rule mandates not only the preparation of the summons but also the issuance of an order requiring the parties to avail of
- interrogatories to parties under Rule 25 and
- request for admission by adverse party under Rule 26.

The parties, however, may use, at their discretion, depositions under Rule 23 or other measures under Rules 27 and 29 within five days from the filing of the answer

Answer 32

Trial Court Judges and Clerk of Court in the conduct of pre-trial and use of deposition-discovery measures

Question 33

distinguish a bill of particulars to a interrogatories of parties

Answer 33

BOP
- rule 12
- directed to pleadings
- seek to more info to prepare a responsive pleading

IOP
- rule 25
- directed to parties
- seek to narrow and clarify issues & ascertain facts of the issues

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A bill of particulars is directed to a pleading and is designed to seek for a more definite statement or for particulars of any matter not averred with sufficient definiteness in a pleading. (Sec. 1, Rule 12)

Interrogatories to parties are not directed against a particular pleading. Instead, they seek the disclosure of all material and relevant facts from a party (See Sec. 1, Rule 25,

Question 34

distinguish an interrogatories of parties from a written interrogatories in a DP

Answer 34

WIDP
- not served directly to the adverse party
- WIDP made my initiating party and delivered to conducting officer

IOP
-served directly to the adverse party

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[WIDP]
Written interrogatories in a deposition are not served upon the adverse party directly. They are instead delivered
to the officer designated in the notice (Sec. 26, Rule 23

The service of written interrogatories is a mode of deposition separate and distinct from interrogatories to parties (See Sec. 1, Rule 23,

[IOP]
Interrogatories to parties are served directly upon the adverse party (Sec. 1, Rule 25

Question 35

what is the procedure of interrogatories of parties

Answer 35

1. party shall file and serve to the adverse party the written interrogatories
2. a party cannot file more than one written interrogatories unless with leave of court
3. Interrogatories shall be answered fully in writing, signed, and sworn to and shall file and serve a copy to the initiating party w/in 15 c.days from service
4. the receiving party may make objections to the interrogatories by presenting it to the court w/in 10 c.days from service of interrogatories.

The filing of objection has an deferring effect until objections are resolved

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1. The mode of discovery is availed of by filing and serving upon the adverse party written interrogatories to be answered by the party served. If the party is a juridical entity, the written interrogatories shall be answered by any of its officers competent to testify in its behalf(Sec. 1, Rule 25,)

2. No party may, without leave of court, serve more than one set of interrogatories to be answered by the same party (Sec. 4, Rule 25
3. The interrogatories shall be answered fully in writing, 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 15 calendar days after service thereof. This period may, upon motion and for good cause shown, be extended or shortened by the court (Sec. 2, Rule 25,
4. The party against whom it is directed may make objections to the interrogatories. If he does so, said objections shall be presented to the court within 10 calendar days after service of the interrogatories. The filing of the objections shall have the effect of deferring the fifing and service of the answer to the interrogatories until the objections are resolved (Sec. 3, Rule 25,

Question 36

what is the effect of failure to serve written interrogatories

Answer 36

A party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court, or give deposition pending appeal, unless allowed by
the court for good cause shown and to prevent a failure of justice (Sec. 6, Rule 25)

Question 37

what is the purpose of the admission by adverse party rule 26?

Answer 37

• request the adverse party to disclose or admit information that will most likely not challenged in trial

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The purpose of this mode of discovery is to allow one party to request the adverse party, in writing, to admit certain material and relevant matters which, most likely, will not be
disputed during the trial.

Question 38

in the context of rule 26, to avoid unnecessary inconvenience to the parties in going through the rigors of proof before the trial, a party may request the other to:

Answer 38

a. admit the genuineness of any material/document

b. admit the truthfulness of any material/fact

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(a) admit the genuineness of any material and relevant document described in and exhibited with the request; or

(b) admit the truth of any material and relevant matter of fact set forth in the request (Sec. 1, Rule 26)

Question 39

when is the request for admission by adverse party made?

Answer 39

A party may file and serve the written request at any time after issues have been joined (Sec. 1, Rule 26,

Question 40

what is the effect of not filling a written request for admission?

Answer 40

The party shall not be permitted to present evidence on facts that are material and relevant and which are, or ought to be, within the personal knowledge of the other party, unless
otherwise allowed by the court for good cause shown and to prevent a failure of justice (Sec. 5, Rule 26)

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the consequence is that a party who neglects to use the request for admission may find their ability to present certain evidence restricted

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EXAMPLE
Contractual Term in Dispute:

The central issue in the case is the date on which a crucial contract was signed. Party A alleges that Party B breached the contract by not fulfilling a specific obligation within the agreed-upon timeframe.

Opportunity for Request for Admission:

Prior to the trial, Party A had the opportunity to file a written request for admission asking Party B to admit or deny the specific date on which the contract was signed.

**Failure to File Request for Admission:

Party A, however, did not utilize this discovery tool and did not ask Party B to admit or deny the date of the contract’s signing.**

Effect on Trial:

During the trial, Party A seeks to introduce evidence, such as emails or correspondence related to the contract, to establish the date of signing.
Objection by Party B:

Party B objects to the introduction of this evidence, arguing that Party A had the opportunity to use a request for admission to establish the date. Party B contends that, due to the failure to file a request for admission, Party A should not be permitted to present evidence on this particular fact.

Question 41

what is the effect of failure to file and serve a sworn statement of denial?

Answer 41

• party whom a request for admission has been served should file and serve to the requesting party a sworn statement to
  a. specifically deny the matter
  b. give reason as to why he cannot admit or deny those matters
• # the effect of failing to file and serve a sworn statement of denial is each of the matters an admission is requested shall be deemed ADMITTEDIt is advisable for the party to whom the written request is directed to file and serve upon the party requesting
  the admission a sworn statement either (a) specifically denying the matters of which admission is requested, or (b) if
  he does not deny the same, to set forth in detail the reasons why he cannot truthfully admit or deny those matters. This sworn statement shall be filed and served within the period designated in the request but which shall not be less than 15 calendar days from the service of such request, or within such further time as the court may allow (Sec. 2, Rule 26

If the party to whom the written request for admission is directed does not file the required sworn statement, each ofthe matters of which an admission is requested shall be deemed admitted (Sec. 2, Rule 26)

Question 42

A request for admission can be the
basis of a ___________. The request can be the basis thereof when its subject is deemed to have been admitted by the party as a result of that party’s failure to respond to the request

Answer 42

summary judgement

Question 43

what is the effect of admission insofar as the CURRENT case request for admission is concerned rule 26?

Answer 43

any admission will be applicable only to the pending case and not to other cases

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Any admission made by a party as a consequence of the failure to comply with the request is only for the purpose of the pending action and shall not be deemed an admission for any other purpose. Likewise, the admission cannot be used against the admitting party in any other proceeding (Sec. 3,
Rule 26)

Question 44

To avoid the implied admission, the party requested may have the compliance of the filing and service of the sworn statement deferred.

how may deferment effected?

Answer 44

file with the court objections to request for admissions, if court approves, the filing and serving is deferred until objections are resolved by the court

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filing with the court objections to the request for admission. Compliance shall be deferred until such objections are resolved by the court (Sec. 2, par. 2, Rule 26

Question 45

Admissions made under this mode of discovery, whether express or implied, are not final and irrevocable.

The court may allow the party making the admission to withdraw or amend the admission upon such terms as may be just (Sec. 4, Rule 26

how to effect withdrawal of admission?

Answer 45

admitting party should file a motion to be relieved of the effects of his admission.

Question 45

Rule 27 on Production or Inspection of documents or things, what can the court order do?

Answer 45

• order any party to produce AND to permit inspection of non-privileged things relevant to the case
• permit the entry of any relevant place for the purpose of inspecting, photographing, measuring

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(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 or her possession, custody or control; and

(b) order any party to permit entry upon designated land or other property in his or her possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon (Sec. 1, Rule 27,

Question 46

This mode of discovery is not only for the benefit of a party, but also for the court and for it to discover all the
relevant and material facts in connection with the case before it. The scope of discovery under this mode is to be liberally construed so as to provide the litigants with information essential to the fair and amicable settlement or expeditious trial of the case

Answer 46

production or inspection of documents or things rule 27

Question 47

The test to be applied by the trial judge in determining the relevancy of documents is one of

Answer 47

reasonableness and practicality

Question 48

what is the limitation of the discovery procedure of rule 27?

Answer 48

limited to not privilege documents

Question 49

how can a party effect rule 27?

Answer 49

1. filing a motion seeking the production or inspection of things or documents
   with good cause
2. the order specify the time, place, and manner of inspection

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A motion must be filed by the party seeking the production or inspection of documents and things, and the motion must show good cause supporting the same (Sec. 1)

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 (Sec. 1)

Question 50

Rule 27 provides that the documents, papers, books, accounts, letters, photographs, objects or tangible things that may be produced and inspected should not be privileged. The documents must not be privileged against disclosure. On the
ground of ____________-, the rules providing for production and inspection of books and papers do not authorize the production or inspection of privileged matter; that is, books
and papers which, because of their confidential and privileged character, could not be received in evidence. Such a condition is in addition to the requisite that the items be designated and must constitute or contain evidence material to any matter involved in the action and which are in the party’s possession, custody or control

Answer 50

public policy

Question 51

Sec. 24 of Rule 130 draws the types of disqualification by reason of privileged communication, to wit:

Answer 51

communications between
- husband and wife
- priest and penitent
- atty and client
- physician and patient
- comms of public officer involving public interest

Question 52

[not so important] other privileged matters that are not mentioned by Rule 130. Among them are the following:

Answer 52

(a) editors may not be compelled to disclose the source of published news;

(b) voters may not be compelled to disclose for whom they voted;

(c) trade secrets;

(d) information contained in tax census returns; and

(e) bank deposits

Question 53

Physical and Mental Examination of Persons (r28) is a mode of discovery applies to an action in which the mental or physical condition of a party is in controversy. Examples of this action would be:

Answer 53

• annulment of a contract
• guardianship of person
• # action to recover damages for personal injury(a) An action for annulment of a contract where the ground relied upon is insanity.

(b) A petition for guardianship of a person alleged to be insane.

(c) An action to recover damages for personal
injury where the issue is the extent of the injuries of the plaintiff.

Question 54

what is the procedure of rule 28?

Answer 54

[1]
- motion must show good cause for examination
- w/ notice to other parties aside from party to be examined
- motion state time, place, manner and scope of exam, and persons

[2]
- one being examined may request a copy of the report of the exam
- party causing exam is entitled upon request to receive from the examined party reports previously or subsequently made of the same condition

[3]
- if party examined refuse to give, court may order the delivery
- if physician fails/refuses to give report, court may exclude his testimony if offered at trial

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A motion must show good cause for the examination, with notice to the other parties aside from the party to be examined. The motion shall, likewise, specify the time, place,
manner, conditions and scope of the (s2) examination and the person or persons by whom it is to be made. The motion is to be filed with the court where the action is pending (Sec. 1, Rule 28)

The party examined may request the party causing the examination to be made to deliver to him a copy of a detailed written report of the examining physician setting out
his findings and conclusions. After such request and delivery, the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report
of any examination, previously or thereafter made, of the same mental or physical condition (Sec. 3, Rule 28

If the party examined refuses to deliver the report, the court may make an order requiring the delivery on such terms as are just. If it is the physician who fails or refuses to make a report, the court may exclude his testimony if offered at the trial (Sec. 3, Rule 28

Question 55

rule 29 refusal to comply with the MoD

what happens if a party refuses to answer any question upon oral examination?

Answer 55

[A]
- proponent apply to court to order to compel an answer (same proc w/ interrogatories)

[if granted]
-court order deponent to answer question/interrogatory
- if refusal unjustified, court may require deponent, or counsel or both to pay proponent the expenses obtaining the order w/ atty’s feeds
- refusal of court order may be considered as contempt of court

[if denied]
- court may require proponent/counsel, or both to pay deponent the amount incurred in opposing the application w/ atty’s fees

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the proponent may apply to the
proper court, for an order to compel an answer. The same procedure may be availed of when a party or witness refuses to answer any interrogatory submitted pursuant
to the rules on the modes of discovery (Sec. 1 Rule 29) If the application is granted, the court shall order the deponent or refusing party to answer the question or interrogatory.
If the refusal is unjustified the court may require the refusing party or deponent or the counsel advising the refusal, or both of them, to pay the proponent the amount of the reasonable expenses incurred in obtaining the
order, including attorney’s fees (Sec. 1, Rule 29)

Question 56

what happens when there is refusal to:
- answer designated or particular questions OR
- refusal to produce documents or things OR
- to submit to physical or mental examination

Answer 56

[A]
- court may order that the matters shall be taken as established

[B]
court may issue an order:
- refusing disobedient party to support/oppose designated claims or defenses or
- prohibiting evidence designated documents or things or items of testimony or
- prohibiting introducing evidence of physical or mental condition

[C]
court may issue order:
- striking out pleadings/parts or
- staying proceedings until order is obeyed or
- dismissing the action or proceeding or any part or
- rendering judgment by default against disobedient party

[D]
court may:
- direct arrest of any party/agent of party for disobeying [EXC]
- an order to submit to a physical or mental examination

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(a) The court may order that the matters, regarding which the questions were asked, shall be taken as established for purposes of the action in accordance with the claim of the party obtaining them (Sec. 3[a], Rule 29,

(b) The court may issue an order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting him or her from introducing in evidence designated documents or things
or items of testimony, or from introducing evidence of physical or mental condition (Sec. 3[b], Rule 29

(c) The court may issue an order striking out
pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment bv default against the disobedient party (Sec. 3[c],

(d) The court may direct the arrest of any party
or agent of a party for disobeying any of the orders of the court, except an order to submit to a physical or mental examination (Sec. 3[d]

Question 57

A refusal of a party to be sworn after being directed by the court may be considered a

Answer 57

contempt of that court

Question 58

what happens if a party
- refuses to admit the genuineness of any document or the truth of any matter of fact and
- serves a sworn denial thereof,

and if the other party later on proves the genuineness of the document or the truth of such matter of fact,

Answer 58

• the court may order the refusing party under sworn denial to pay

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the court, upon proper application, may order the former to pay the reasonable expenses in making such proof, including attorney’s fees

Question 59

what is the effect of failure to attend depositions or to serve answers to interrogatories? (REFERING TO WHOLE SET OF WRITTEN INTERROGATORIES)

Answer 59

The court may:
(a) strike out all or any part of the pleading of that party,

(b) dismiss the action or proceeding or any part thereof,

(c) enter a judgment by default against that party, and, in its discretion,

(d) order him or her to pay reasonable expenses incurred by the other, including attorney’s fees (Sec. 5, Rule 29)

Question 60

Where the party, upon whom the written interrogatories is served, refuses to answer a particular question in the set of written interrogatories and despite an order compelling him to answer the particular question, still refuses to obey the order, Sec. 3(c) of Rule 29 will apply which is:

Answer 60

The following are the consequences provided for in Sec. 3(c) of Rule 29)

(a) The court may issue an order striking out
pleadings or parts thereof;

(b) The court may issue an order staying further
proceedings until the order is obeyed;

(c) The court may issue an order dismissing the
action or proceeding or any part thereof; or

(d) The court may issue an order rendering a judgment by default against disobedient party.