1997 Rules on Civil Procedure Rule 29 Refusal to Comply with

2001 Edition <draft copy. pls. check for errors> Modes of Discovery

Rule 29 Hence, the deposition- if it also finds

REFUSAL TO COMPLY WITH MODES OF discovery rules are to be that the
DISCOVERY accorded a broad and liberal refusal to
treatment. No longer can the answer was
time-honored cry of fishing without
Rule 29 forms part of the study of the modes of expedition serve to preclude a substantial
discovery. The policy on modes of discovery is that it is party from inquiring into the justification, it
allowed and encouraged to determine, at an earlier time, facts underlying his may require
essential issues and to promote settlement or opponents case. Mutual the refusing
expeditious trial. knowledge of all the relevant party or
facts gathered by both parties deponent or
REPUBLIC vs. is essential to proper litigation. the counsel
SANDIGANBAYAN To that end, either party may advising the
204 SCRA 212 compel the other to disgorge refusal, or
whatever facts he has ill his both of them,
HELD: It appears to the Court possession. The deposition- to pay the
that among far too many lawyers (and discovery procedure simply proponent the
not a few judges), there is, if not a advances the stage at which amount of the
regrettable unfamiliarity and even the disclosure can be reasonable
outright ignorance about the nature, compelled from the time of expenses
purposes and operation of the modes trial to the period preceding it, incurred in
of discovery, at least a strong yet thus reducing the possibility, obtaining the
unreasoned and unreasonable of surprise. order,
disinclination to resort to them including
which is a great pity for the intelligent SEC. 1. attorney's fees.
and adequate use of the deposition- Refusal to If the
discovery mechanism, coupled with answer. - If a party or application is
pre-trial procedure, could, as the other deponent denied and the
experience of other jurisdictions refuses to answer court finds
convincingly demonstrates, effectively any question upon that it was
shorten the period of litigation and oral examination, the filed without
speed up adjudication. examination may be substantial
Evidentiary matters may be completed on other justification,
inquired into and learned by the matters or adjourned the court may
parties before the trial. The as the proponent of require the
desideratum is that civil trials should the question may proponent or
not be carried on in the dark. The prefer. The the counsel
Rules of Court make this ideal possible proponent may advising the
through the deposition-discovery thereafter apply to filing of the
mechanism set forth. The experience the proper court of application, or
in other jurisdictions has been that the place where the both of them,
ample discovery before trial, under deposition is being to pay to the
proper regulation, accomplished one taken, for an order to refusing party
of the most necessary ends of modern compel an answer. or deponent
procedure: it not only eliminates The same procedure the amount of
unessential issues from trials thereby may be availed of the reasonable
shortening them considerably, but when a party or a expenses incurred in 32
also requires parties to play the game witness refuses to opposing the
with the cards on the table so that the answer any application,
possibility of fair settlement before interrogatory including
trial is measurably increased. submitted under attorney's fees.
The various modes or Rules 23 or 25. (1a)
instruments of discovery are meant to If the
serve (1) as a device, along with the application is granted,
pre-trial hearing under Rule 18, to the court shall SEC. 2.
narrow and clarify the basic issues require the refusing Contempt of
between the parties, and (2) as a party or deponent to court. - If a
device for ascertaining the facts answer the question party or other
relative to those issues. or interrogatory and witness
1997 Rules on Civil Procedure Rule 29 Refusal to Comply with
2001 Edition <draft copy. pls. check for errors> Modes of Discovery

refuses to be sworn or (c) An order requesting the

refuses to answer any striking out admissions
question after being pleadings or parts thereafter
directed to do so by the thereof, or staying proves the
court of the place in which further proceedings genuineness
the deposition is being until the order is of such
taken, the refusal may be obeyed, or dismissing document or
considered a contempt of the action or the truth of
that court. (2a) proceeding or any any such
part thereof, or matter of fact,
SEC. 3. Other rendering a he may apply
consequences. - If any party judgment by default to the court
or an officer or managing against the for an order
agent of a party refuses to disobedient party; requiring the
obey an order made under and other party to
section 1 of this Rule (d) In lieu of pay him the
requiring him to answer any of the foregoing reasonable
designated questions, or an orders or in addition expenses
order under Rule 27 to thereto, an order incurred in
produce any document or directing the arrest making such
other thing for inspection, of any party or agent proof,
copying, or photographing of a party for including
or to permit it to be done, or disobeying any of attorney's fees.
to permit entry upon land or such orders except Unless the
other property, or an order an order to submit to court finds
made under Rule 28 a physical or mental that there
requiring him to submit to a examination. (3a) were good
physical or mental reasons for
examination, the court may These are other consequences in addition the denial or
make such orders in regard to Section 1. These refer to the refusal to obey that
to the refusal as are just, an order under Rule 27 and Rule 28 which can admissions
and among others the even cost your case. The court will make an sought were
following: order that would make the disobedient party of no
(a) An order that the suffer. If he is the plaintiff, his complaint will be substantial
matters regarding which stricken out. importance,
the questions were asked, such order
or the character or Or if he is the defendant, judgment of shall be issued.
description of the thing or default can be rendered against him although the (4a)
land, or the contents of the judgment of default can only be done if he failed
paper, or the physical or to file an answer. But his refusal to comply with a Section 4 pertains to Rule 26 on
mental condition of the mode of discovery is the exception to the case. request for admission. If X was able to
party, or any other This is one instance when a judgment by default prove something that Y refused to admit,
designated facts shall be can be rendered against a defendant who filed Y can be held liable for expenses and
taken to be established for an answer. And that is the worst penalty for attorney's fees for refusing to admit
the purposes of the action refusing to cooperate. something which turned out to be true. If
in accordance with the it is something true, you might as
claim of the party obtaining well admit it. Do not put the other33
the order; SEC. 4. Expenses party into trouble for you might be
(b) An order refusing on refusal to admit. - If held liable for the expenses later on.
to allow the disobedient a party after being
party to support or oppose served with a request
designated claims or under Rule 26 to SEC. 5.
defenses or prohibiting him admit the Failure of party
from introducing in genuineness of any to attend or
evidence designated document or the serve answers. -
documents or things or truth of any matter If a party or
items of testimony, or from of fact, serves as an officer or
introducing evidence of sworn denial thereof managing
physical or mental condition; and if the party agent of a
1997 Rules on Civil Procedure
2001 Edition <draft copy. pls. check for errors>
party willfully fails to
appear before the officer
who is to take his
deposition, after being
served with a proper notice,
or fails to serve answers to
interrogatories submitted
under Rule 25 after proper
service of such
interrogatories, the court on
motion and notice, may
strike out all or any part of
any pleading of that party,
or dismiss the action or
proceeding or any part
thereof, or enter a when, the above sanctions
judgment by default against
that party, and in its
discretion, order him to pay
reasonable expenses
incurred by the other,
including attorney's fees. (5)
Section 5 is identical to previous consequences. If
a party is served with interrogatories and he refuses to
answer under Rule 25, he can be penalized with the
ultimate penalty of dismissal of the case or judgment by
default. Thus, the ultimate effect is that, a party who
refuses to cooperate may lose the case ultimately.
Normally, default judgment applies only to a
defendant who failed to file an answer. But Rule 29
allows a default judgment even if you filed an answer for
failure to comply with the modes of discovery. So, this is
one instance when a judgment by default can be
rendered against a defendant who filed an answer.
INSULAR LIFE ASSURANCE
CO., LTD. vs. COURT OF APPEALS
238 SCRA 88 [1994]
FACTS: There was a refusal
here of one party to answer an
interrogatory. So the other party
asked the court to issue an order. The
court then ordered the other party to
answer, but he still refused.
So, the plaintiff filed a motion
for judgment of default against the
defendant (or dismissal of the case)
citing Section 5 where if one refuses
to cooperate, the case will be
dismissed or a judgment of default
can be rendered against the party.
But the judge ruled that the
case shall continue. The party now
went to the SC contending that the
judge committed a grave abuse of his
Rule 29 Refusal to Comply with
Modes of Discovery
discretion in refusing to apply
the sanctions allowed by law.
HELD: While it is true
that there are sanctions
allowed by law in cases of
refusal to comply with the
modes of discovery, the same
is DISCRETIONARY. Meaning,
let the court decide whether
justice will be served by going
to trial or not. So there was no
grave abuse of discretion on
the part of the judge.
The matter of how, and
should be applied is one that
primarily rests on the sound
discretion of the court where
the case is pending, having
always in mind the paramount
and overriding interest of
justice. For while the modes of
discovery are intended to
attain the resolution
litigations with great
expediency, they are not
contemplated, however, to be
ultimate causes of injustice. It
behooves trial courts to
examine well the
circumstances of each case
and to make their considered
determination thereafter. It is
only in clear cases of grave
abuse of that discretion when
appellate courts will interfere
in their judgment.
In other words, courts
are still given the leeway of
whether or not to apply the
ultimate sanctions.
NOTE: The ruling in this
case was reiterated in the
1996 case of SANTIAGO LAND
DEVELOPMENT CO. vs. CA,
July 9, 1996 (258 SCRA 535)
and the 1998 case of DELA
TORRE vs. PEPSI-COLA
PRODUCTS, October 30, 1998
(298 SCRA 363)
FORTUNE
CORPORATION vs. COURT
OF APPEALS
229 SCRA 355
ISSUE: Are the
5 modes of discovery
cumulative or exclusive?
Can a party resort to
any modes of
discovery or are they
intended to be an
exclusion of the other?
HELD: The
various methods of
discovery as provided
for in the Rules are
clearly INTENDED TO
BE CUMULATIVE, as
opposed to alternative
or mutually exclusive.
Under the
present Rules the fact
that a party has
resorted to a particular
method of discovery
will not bar subsequent
use of other discovery
of devices, as long as the
party is not attempting
to circumvent a ruling
of the court, or to
harass or oppress the
other party.
Summary:
Refusal to comply with modes of
discovery and sanctions
A. Refusal to answer any question -
- 1. the court may, upon proper
application, compel a refusing deponent
to answer (sec. 1)
a.) if granted and refusal to answer
is without substantial justification, the
court may require the refusing party to
pay the proponent the amount of the
reasonable expenses incurred in obtaining
the order, including attorney's fees;
b.) if denied and filed without 34
substantial justification, the court
may require the proponent to pay the
refusing party the amount of the
reasonable expenses incurred in obtaining
the order, including attorney's fees.
2. a refusal to answer after being
directed to do so may be considered as
contempt of court. (Sec. 2)
B. Refusal to be sworn - - - cite the
deponent in contempt of court;
1997 Rules on Civil Procedure
2001 Edition <draft copy. pls. check for errors>
C. Refusal to answer designated questions or
refusal to produce documents or to submit to physical or
mental examination (Sec. 3) - - - the court may make
the following orders:
1. prohibit the disobedient party from introducing
evidence of physical or mental condition;
2. refuse to allow the disobedient party to support
or oppose claims or defenses;
3. strike out pleadings or parts thereof;
4. stay further proceedings;
5. dismiss the action or proceeding or any part
thereof;
6. render a judgment by default gainst disobedient
party;
7. direct the arrest of any party or agent of a party
disobeying any of such orders except an order to submit
to a physical or mental examination;
D. Refusal to admit under Rule 26 (Sec. 4) - - - the
court, upon proper application, issue an order requiring
the other party to pay him reasonable expenses incurred,
including attorney's fees;
E. Failure of Party to attend or serve answers to
written interrogatories (sec. 5) - - - the court, on motion
and notice:
1. strike out all or any part of any pleading of
disobedient party;
2. dismiss the action or proceeding or any part
thereof;
3. enter a judgment by default against disobedient
party;
4. order payment of reasonable expenses incurred
by the other including attorney's fees.
If a party refuses to answer the whole written
interrogatories, Sec. 5 of R 29 applies.
Where a party refuses to answer a particular
question in the set of written interrogatories and despite
an order compelling him to answer, still refuses to obey
the order, Sec. 3(c) will apply (Zepeda vs. China Bank
GR No. 172175, Oct. 9, 2006).
Expenses and attorney's fees are not to be
imposed upon the Republic of the Philippines.
The consequences under Sec. 5 will apply if a
party refuses to answer the whole set of written
interrogatories, and not just a particular question. 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 court, Sec. 3 of Rule 29 will apply
(Cepeda v. China Banking Corporation GR No. 172175,
October 9, 2006).
Rule 29 Refusal to Comply with
Modes of Discovery
The following are the consequences
provided for in Sec. 3:
(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; or
(c) The court may issue an order
rendering a judgment by default
against the disobedient party.
The matter of how, and when, the above
sanctions should be applied is one that primarily
rests on the sound discretion of the court where
the case is pending, having always in mind the
paramount and overriding interest of justice. For
while the modes of discovery are intended to
attain the resolution of litigations with great
expediency, they are not contemplated, however,
to be ultimate causes of injustice. It behooves
trial courts to examine well the circumstances of
each case and to make their considered
determination thereafter (Zepeda vs. China
Banking Corporation)
Q: To summarize, what are the instances
when a defendant shall be considered in default
even if such defendant has already filed an
answer?
A: The following are the instances:
1.) Failure to appear at the pre-
trial conference (Rule 18); and
2.) Failure to cooperate in the
mode of discovery (Section 5,
Rule 29).
Reviewer
Modes of Discovery (Rules 23-29)
What are the different modes of discovery?
1. Depositions pending action (Rule 23)
2. Depositions before action or pending appeal
(Rule 24)
3. Interrogatories to parties (Rule 25)
4. Admission by adverse party (Rule 26)
5. Production or inspection of documents and
things (Rule 27)
6. Physical and mental examination of persons
(Rule 28)
What is the purpose of the modes of
discovery?
The various modes or instruments of discovery
are meant to serve as a
(1) device, along with pre-trial under Rule 118, to
NARROW and CLARIFY the basic issues
between the parties, and
(2) device for ASCERTAINING the facts
relative to those issues.
Purpose: to enable the parties,
consistent with recognized privileges, to
obtain the fullest possible knowledge of
the issues and facts before civil trials and
thus prevent that said trials be carried on
in the dark.
What modes of discovery may be
availed of without leave of court and
generally
without court intervention?
a. depositions (whether by oral
examination or written interrogatories)
under Rule 24)
b. interrrogatories to parties under Rule
25
c. requests for admission under Rule 26.
Under the Rules of Court, leave of court is
not necessary to avail of said modes of
discovery after an answer to the
complaint has been served. It is only
when an answer has not yet been filed
(but after jurisdiction has been obtained
over the defendant or property subject of
the action) that prior leave of court is
needed, the reason being that at that
time the issues are not yet joined and the
disputed facts are not yet clear.
What modes of discovery cannot be
availed of without leave of court?
a. production or inspection of documents
or things under Rule 27
b. physical and mental examination of
persons under Rule 28, which may be
granted
upon due application and showing of due
cause.
1. Depositions pending action; 35
Depositions before action or
pending appeal
(Rules 23-24)
a. Meaning of deposition
What is deposition?
A deposition is the taking of the
testimony of any person, whether he be a
party or not, but at the instance of a
party to the action. This testimony is
taken out of court.
1997 Rules on Civil Procedure
2001 Edition <draft copy. pls. check for errors>
Deposition may be:
a. An oral examination
b. Written interrogatories (Rule 23, Sec 1,)
What is the dual function of deposition?
a . A method of discovery
Deposition is chiefly a mode of discovery. This purpose
is evident from Section 2 of Rule 23 on the broad scope
of examination regarding any matter, not privileged,
which is relevant to the subject of the pending action,
whether relating to the claim or defense of any other
party, the only requirement is that it be relevant and not
privileged .
b. An alternative mode of testimony
Section 4 of Rule 23 on the use of deposition is clearly
indicative of the use of deposition as an alternative mode
of testimony in view of distance, death or disability of the
deponent.
When can depositions be availed of?
a. During a pending action (Rule 23) deposition de
benne esse
b. Before action or Pending appeal (Rule 24)
deposition in perpetuam rei memoriam
Before whom may depositions be taken?
1. If within the Philippines
a. Judge;
b. Notary public (Rule 23, Sec. 10,); or
c. Any person authorized to administer oaths, as
stipulated by the parties in writing
(Rule 23, Sec. 14,).
2. If outside the Philippines
a. On notice, before a secretary of embassy or legation,
consul-general, consul, viceconsul, or consular agent of
the Philippines (Rule 23, Sec. 11,);
b. Before such person or officer as may be appointed by
commission or letters
rogatory; or
c. Any person authorized to administer oaths, as
stipulated by the parties in writing
(Rule 23, Sec. 14),
What is the requirement in taking deposition upon
oral examination?
A party desiring to take the deposition of any person
upon oral examination shall give
reasonable notice in writing to every other party to the
action (Rule 23, Sec. 15)
What shall the notice state?
It 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 the
particular class or group to which he belongs (Rule 23,
Sec. 15).
Rule 29 Refusal to Comply with
Modes of Discovery
How is deposition upon written
interrogatories done?
A party desiring to take the deposition of any
person upon written interrogatories shall serve
them upon every other party with a notice stating
the name and address of the person who is to
answer them and the name or descriptive title
and address of the officer before whom the
deposition is to be taken. Within ten (10) days
thereafter, a party so served may serve
crossinterrogatories upon the party proposing to
take the deposition. Within five (5) days
thereafter, the latter may serve re-direct
interrogatories upon a party who has served
cross-interrogatories.
Within three (3) days after being served with re-
direct interrogatories, a party may serve recross-
interrogatories upon the party proposing to take
the deposition (Rule 23, Sec. 25).
Note: The duties of the officer under Secs. 17,
19, 20, 21 & 22 of Rule 23 shall also be followed
on deposition upon written interrogatories (Rule
23, Secs. 26 & 27).
Who may file a petition for deposition
before action?
Any person who wants to perpetuate his own
testimony or that of another person regarding
any matter that may be cognizable in any court
of the Philippines (Rule 24, Sec. 1)
What are the contents of the motion for
deposition pending appeal?
The motion shall state:
1. The names and addresses of the persons to be
examined
2. The substance of the testimony which he
expects to elicit from each
3. The reason for perpetuating their testimony
(Sec. 7, Rule 24).
Note: If the court finds that the perpetuation of
the testimony is proper to avoid a failure or delay
of justice, it may make an order allowing the
depositions to be taken, and thereupon the
depositions may be taken and used in the same
manner and under the same conditions as are
prescribed under Rule 23 (Rule 24, Sec. 7.
b. Uses; Scope of examination
Scope of Examination
May be any matter not privileged and which is
relevant to the subject of the pending action,
including:
1. Claim or defense of any other party;
2. Existence, description, nature, custody,
condition and location of any books,
documents, or other tangible things; and
3. Identity and location of persons having
knowledge of relevant facts (Rule 23, Sec.
2)
Examination and cross-examination .
Examination and cross-examination of
deponents may proceed as permitted at
the trial under sections 3 to 18 of Rule
132.
A deposition is not generally supposed to
be a substitute for the actual testimony in
open court of a party or witness. If the
witness is available to testify, he should
be presented in court to testify. If
available to testify, a partys or witness
deposition is inadmissible in evidence for
being hearsay. The exceptions however
to the inadmissibility of such deposition
are provided for in Rule 23, Section 4.
(Rule 23, Sec. 3)
Effect of taking deposition
A party shall NOT be deemed to make a
person his own witness for any purpose
by taking his deposition (Rule 23, Section
7), EXCEPT when the deposition is
introduced in evidence, then he will be
deemed to have made the deponent his
witness (Rule 23 , Section 8).
The exception will NOT apply if the
deposition used is that of an opposing
party or the deposition is used to
impeach or contradict the deponent
Deponent still NOT a witness of the party
taking the deposition.
Use of depositions
Against whom used-
Any part or all of the deposition, so far as
admissible under the rules of
evidence, may be used 36
1) Against any party who was
present or represented at the taking of
the deposition; or
2) Against one who had due notice of
the deposition.
The deposition may be used for the
following purposes:
1. BY ANY PARTY - For the purpose of
contradicting or impeaching the testimony
of the deponent as witness
1997 Rules on Civil Procedure
2001 Edition <draft copy. pls. check for errors>
2. BY AN ADVERSE PARTY for any purpose - If the
deponent is a party or anyone who was at the time of
the deposition was an officer, director, or managing
agent of a public or private corporation, partnership or
association which is a party, his deposition can be used
3. BY ANY PARTY for any purpose - If the deponent is a
witness, whether or not a party to the case, if the court
finds
a) That the witness is dead; or
b) That the witness resides at a distance more than one
hundred (100) kilometers from the place of trial or
hearing, or is out of the Philippines (UNLESS it appears
that his absence was procured by the party offering the
deposition); or
c) That the witness is unable to attend or testify because
of age, sickness, infirmity or
imprisonment; or
d) That the party offering the deposition has been
unable to procure the attendance of the witness by
subpoena; or
e) Upon application and notice, that such exceptional
circumstances exist as to make it
desirable, in the interest of justice to allow the deposition
to be used. (Rule 23, Sec. 4)
Note: If only part of a deposition is offered in evidence
by a PARTY, the ADVERSE PARTY may require him to
introduce all of it which is relevant to the part introduced,
and any party may introduce any other parts.
c. When may objections to admissibility be made
Objections may be made at the trial or hearing to
receive in evidence any deposition or part thereof. Any
reason which would require the exclusion of the evidence
if the witness where then present and testifying may be
used as a reason for objection.(Rule 23, Sec. 6).
All objections made at the time of the examination to the
qualifications of the officer taking the deposition, manner
of taking it, to evidence presented, conduct of any party
and any other objection to the proceedings shall be
NOTED by the officer taking the deposition. He has NO
authority to rule on such objections. (Rule 23, Sec. 17)
When may the court make 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 orders for the protection of parties and deponents
(Rule 23, Sec. 16,).
d. When may taking of deposition be terminated
or its scope limited
1. Upon motion or petition of any party or of the
deponent; and
Rule 29 Refusal to Comply with
Modes of Discovery
2. Upon showing that the examination is being
conducted in bad faith or in such manner as
unreasonably to annoy, embarrass or oppress the
deponent or party.
3. The court may order the officer conducting the
examination to cease forthwith from taking the
deposition, or may limit the scope and manner of
the taking of the deposition, as provided in Rule
23, Sec. 16. (Rule 23, Sec. 18).
This section refers to protection orders during
examination either by the court in which the
action is pending or where the deposition is being
taken . When the constitutional privilege against
self-incrimination is invoked by deponent or his
counsel, the trial court may stop the examination
to protect the deponents constitutional right.
Other grounds, such as bad faith which
unreasonably annoy, embarrass or harass
deponent or party may likewise be invoked.
2. Written interrogatories to adverse
parties (Rule 25)
Purpose and nature
Written interrogatories elicit material and
relevant facts from any adverse party (Note:
answers may also be used as admissions of the
adverse party). .(Rule 25, Section 1 )
Answer to interrogatories
The interrogatories shall be ANSWERED FULLY
in writing and shall be signed and sworn to by
the person making them. Such answer shall be
filed and served to the party submitting the
interrogatory within fifteen (15) days from
service of such interrogatories UNLESS the court
on motion and for good cause extends or
shortens the time.(Rule 25, Sec. 2)
Objections to interrogatories
1. May be presented to the court within 10 days
after service thereof, with notice as in the case of
motions.
2. Answers shall be deferred until objections are
resolved , which shall be at the earliest possible
time. ( Rule 25, Sec. 3)
3. Grounds for objections:
(a) They require the statements of conclusions of
law or answers to hypothetical questions or
opinions, or mere hearsay, or matters not within
the personal knowledge of the interrogated party.
(b) Frivolous interrogatories need not be
answered.
a. Consequences of refusal to answer
The court, on motion and notice may
1. Strike out all or any part of any pleading of
that party; or
2. Dismiss the action or proceeding or
any part thereof made if it was the
PLAINTIFF who refused to answer;
3. Enter judgment by default against the
defendant, if it was the DEFENDANT who
refused to answer;
4. Order that party who refused to
answer to pay reasonable expense
incurred by the other party and attorneys
fees (Rule 29, Section 5)
If a party refuses to answer the WHOLE
written interrogatory, Rule 29, Section 5,
shall apply. However, where a party
refuses only to answer a PARTICULAR
question, Rule 29, Section 3 [c], shall
apply (the main difference being that in
Section 3[c], there is no provision on
payment of reasonable expenses/penalty)
b. Effect of failure to serve written
interrogatories
General Rule A party not served with
written interrogatories may NOT be
compelled by the adverse party to give
testimony in open court, or to give a
deposition pending appeal.
Exception when allowed by the court
for good cause and to prevent a failure of
justice. (Rule 25, Sec. 6)
3. Request for Admission (Rule 26)
Scope
a. Admission of the genuineness of
any material and relevant document
described in and exhibited with the
request;
b. Admission of the truth of any
material and relevant matter of fact
set forth in the request;
c. A matter of fact not related to any
documents may be presented to
the other party for admission or 37
denial. (Rule 26, Sec. 1)
Objections to any request for
admission shall be submitted to the
court WITHIN the period for and PRIOR
to the filing of the sworn statement -
Fifteen (15) days after service of request.
Compliance shall be deferred until such
objections have been resolved by the
court. (Rule 26, Sec. 2)
1997 Rules on Civil Procedure
2001 Edition <draft copy. pls. check for errors>
a. Implied admission by adverse party
(1) There is an IMPLIED ADMISSION of each of the
matters of which an admission is requested
(2) if the party to whom the request is made does NOT
file and serve a sworn statement EITHER a) denying
specifically the matters of which an admission is
requested OR b) setting forth the reasons why he cannot
either admit or deny those matters
(3) within fifteen (15) days after service thereof or with
such further time as the court may allow on motion
Objections to any request for admission shall be
submitted to the court by the party
requested within the period for and prior to the filing of
his sworn statement as contemplated in the preceding
paragraph (15 days).
His compliance therewith shall be deferred until such
objections are resolved , which
resolution shall be made as early as practicable. (Rule 26
Sec. 2)
The request for admission must be SERVED directly upon
the PARTY REQUESTED. Otherwise, that party cannot be
deemed to have admitted the genuineness of any
relevant matters of fact set forth therein on account of
failure to answer the request for admission.
(Nestle Philippines, Inc. and Santos vs. Court of
Appeals and Sps. Hemedez, G. R. No. 102404,
February 1, 2002) .
b. Consequences of failure to answer request for
admission
See above.
c. Effect of admission
Any admission made pursuant to such request is for the
purpose of the pending action only and shall not
constitute an admission by him for any other purpose.
The admission may NOT be used against the party who
made it in any other proceeding. (Rule 26, Sec. 3)
d. Effect of failure to file and serve request for
admission
The party who fails to request for admission of material
and relevant facts which are or ought to be within the
personal knowledge of such party shall NOT be
permitted to present evidence on such facts UNLESS
otherwise allowed by the court for good cause shown
and to prevent failure of justice..(Rule 26, Sec. 5).
4. Production or inspection of documents or
things (Rule 27)
UPON MOTION for good cause shown, the court may
order any party (a) to produce and permit the inspection
Rule 29 Refusal to Comply with
Modes of Discovery
and copying of documents, papers, books,
accounts, letters,
photographs, objects or tangible things or (b) to
permit entry upon designated land or other
property in his possession or control for the
purpose of inspecting, measuring, surveying or
photographing the property or designated
relevant object or operation therein.. (Rule 27,
Sec. 1)
This is essentially a mode of discovery limited
to the parties to the action. This is to be
differentiated from a subpoena duces tecum
which is a means to compel the production of
evidence which may be directed to a person who
may or may not be a party to the action.
For a document to be produced
1. It should not be privileged ;
2. It should constitute or contain evidence
material and relevant to any matter involved in
the action; and
3. It must be within the partys possession,
custody or control .(Rule 27, Sec. 1)
The production or inspection of documents or
things as a mode of discovery sanctioned by the
Rules of Court may be availed of by any party
upon a showing of good cause therefor before
the court in which an action is pending. The court
may order any party: a) to produce and permit
the inspection and copying or photographing of
any designated documents, papers, books,
accounts, letters, photographs, objects or
tangible things, which are not privileged ; which
constitute or contain evidence material to any
matter involved in the action; and which are in
his possession, custody or control; or b) to
permit entry upon designated land or other
property in his possession or control for the
purpose of inspecting, measuring, surveying, or
photographing the property or any designated
relevant object or operation thereon. (Air
Philippines Corporation vs. Pennswell, Inc., G.R.
No. 172835, December 13, 2007
This mode of discovery does not mean that the
person who is required to produce the
document or the thing will be deprived of its
possession even temporarily. It is enough that
the requesting party be given the opportunity to
inspect or copy or photograph the document or
take a look at the thing.
Physical and mental examination of
persons (Rule 28)
When the mental or physical condition of a party
is in controversy, the court, UPON MOTION FOR
GOOD CAUSE SHOWN and upon notice to
the party to be examined and to all other
parties, may order the party to submit to
a physical or mental examination by a
physician. (Rule 28, Secs. 1 and 2)
Requisites to obtain an Order for
Examination:
1. A motion must be filed for the physical
and mental examination;
2. The motion must show good cause for
the examination;
3. Notice to the party to be examined and
to all other parties;
4. The motion shall specify the time,
place, manner, conditions and scope of
the
examination and the person or persons
by whom it is made.
5. There must be a pending action; and
6 A partys mental or physical condition is
in controversy.
Exs. a. action involving physical injury
b. blood grouping test
c. annulment of marriage on the ground
of impotency
d. guardianship over an incompetent or
mentally retarded person
e. probate of a will by one claimed not to
be in full possession of his or her
mental capacity
Since the results of the examination are
intended to be made public, the same are
not
covered by the physician-patient privilege
(Sec 24(c), Rule 130). Also, unlike the
privilege, the examination is not done to
treat or cure the patient.
The party examined MAY request the
party causing the examination to be
made to deliver to him a copy of a
detailed report of the examining physician
setting out his findings and conclusions
(Rule 28, Sec. 3).
38
Waiver of Privilege
By requesting and obtaining a report of
the examination or by taking the
deposition of the examiner, the party
examined WAIVES any privilege he may
have in that action or any other involving
the same controversy regarding the
testimony of every other person who has
examined or may thereafter examine him
in respect of the same mental or physical
examination (Rule 28, Sec. 4).
1997 Rules on Civil Procedure Rule 29 Refusal to Comply with
2001 Edition <draft copy. pls. check for errors> Modes of Discovery

6. Consequences of refusal to comply with modes

of discovery (Rule 29)
Consequences of Refusal
Under Sec. 3 --
If any party REFUSES TO OBEY--
1. The order directing him to answer designated
questions under Sec. 1 of Rule 29;
2. The order to produce any document or other thing for
inspection, copying or
photographing or to permit it to be done under Rule 27;
or
3. The order to submit to physical or mental examination
under Rule 28, or

The court may issue any of the following orders:

a. Making the FACTS OR DOCUMENTS or MENTAL OR
PHYSICAL CONDITION sought to be discovered as
ESTABLISHED for purposes of the action;
b. REFUSING to allow the disobedient party to support or
oppose CLAIMS or
DEFENSES
c. PROHIBITING the disobedient party from
INTRODUCING in evidence
designated documents or items of testimony;
d. PROHIBITING the disobedient party from
INTRODUCING evidence of physical
or mental condition;
e. STRIKING OUT all or any part of the pleading of the
disobedient party;
f. STAYING further proceedings until order is obeyed;
g. DISMISSING the action or proceeding or any part
thereof;
h. Rendering DEFAULT JUDGMENT against the
disobedient party;
i. Directing the ARREST of the party concerned, except in
a refusal to submit to
a physical or mental examination;
j. Directing PAYMENT of REASONABLE EXPENSES
incurred by the other,
including attorneys fees.

Under Sec. 5
If a party
1. FAILS TO APPEAR before the officer who is to take his
deposition; 39
2. FAILS TO SERVE ANSWERS to interrogatories
submitted under Rule 25

The court may issue any of the following orders:

a. STRIKING OUT all or any part of the pleading of the
disobedient party
b. DISMISSING the action or proceeding or any part
thereof;
c. Rendering DEFAULT JUDGMENT against the
disobedient party;
d. Directing PAYMENT of REASONABLE EXPENSES
incurred by the other, including attorneys fees.