RULE 27 & 28,

Rules of Court
Reporter:
Marie R. Montecillo
RULE 27: PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS
Section 1. Motion for production or inspection; order.

Upon motion of any party showing good cause therefor, the court in which
an action is pending may (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 possession, custody or control; or (b) order
any party 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. 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.

REQUISITES OF PRODUCTION OR
INSPECTION OF DOCUMENTS OR THINGS
A motion must be filed by a party showing good cause
therefore;
Notice of the motion must be given to all other parties;
The motion must sufficiently describe the document or thing
sought to be produced or inspected;
The document or thing sought to be produced or inspected
must constitute or contain evidence material to the pending
action;
The document or thing sought to be produced or inspected
must not be privileged; and
The document or thing sought to be produced or inspected
must be in the possession of the adverse party or at least
under his control.

When Does This Rule Apply?
Example
Facts:
A sues B involving a case of collection of sum of money. A is
aware that B is in possession of several receipts which B would
present in trial. A wants to get hold of and inspect all these
documents, but since receipts are not actionable documents, B
is not required to show or include them in the pleadings. A
wants to see these documents because he thinks B will present
it during the trial.
Issue:
If A asks B to show these things and B refuses to
accommodate A, what can be his remedy?

A can use Rule 27 as remedy
CASES
Solidbank Corp. / Metrobank vs Gateway
Electronics Corp. et al. April 30, 2008

- The modes of discovery are accorded a broad and liberal treatment.

- Rule 27 of the Revised Rules of Court permits fishing for evidence, the only
limitation being that the documents, papers, etc., sought to be produced are not
privileged, that they are in the possession of the party ordered to produce them
and that they are material to any matter involved in the action.

- Solidbanks request for inspection of all documents pertaining to, arising from, in
connection with or involving the Back-end Services Agreement was simply too
broad and too generalized in scope.


REQUISITES OF PRODUCTION OR
INSPECTION OF DOCUMENTS OR THINGS
A motion must be filed by a party showing good cause
therefore;
Notice of the motion must be given to all other parties;
The motion must sufficiently describe the document or thing
sought to be produced or inspected;
The document or thing sought to be produced or inspected
must constitute or contain evidence material to the pending
action;
The document or thing sought to be produced or inspected
must not be privileged; and
The document or thing sought to be produced or inspected
must be in the possession of the adverse party or at least
under his control.

Security Bank Corp vs CA, Jan. 25, 2000

- The Court held that the said Rule (Rule 27) aims to enable the parties to
inform themselves, even before the trial, of all the facts relevant to the
action, including those known only to the other litigants. Through this
procedure, "civil trials should not be carried on in the dark.

- Indeed, the rule is that courts, in passing upon a motion for discovery,
should be liberal in determining whether the documents in question are
relevant to the subject matter of the action.

- The rule on discovery "requires the parties to play the game with cards on
the table so that the possibility of fair settlement before trial is measurably
increased."
HOW DOES THIS RULE
DIFFER FROM RULE 21 ON
SUBPOENA DUCES TECUM?
Rule 21 vs Rule 27
Rule 21
A means of compelling
production of evidence
which must be brought to
court
May be directed to any
person, whether a party
or not
May be issued upon an
ex-parte application
Rule 27
Essentially a mode of
discovery (simply to
discover)
Limited to parties in
action
Issued only upon motion
with notice to the adverse
party
RULE 28: PHYSICAL AND MENTAL
EXAMINATION OF PERSONS
Section 1. When examination may be ordered.

In an action in which the mental or physical condition of a party is in
controversy, the court in which the action is pending may in its discretion
order him to submit to a physical or mental examination by a physician.

Section 2. Order for examination.

The order for examination may be made only on motion for good cause shown
and upon notice to the party to be examined and to all other parties, and
shall specify the time, place, manner, conditions and scope of the
examination and the person or persons by whom it is to be made.



RULE 28: PHYSICAL AND MENTAL
EXAMINATION OF PERSONS
Section 3. Report of findings.

If requested by the party examined, the party causing the examination to be
made shall 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. If the party examined refuses to deliver such report, the
court on motion and notice may make an order requiring delivery on such
terms as are just, and if a physician fails or refuses to make such a report
the court may exclude his testimony if offered at the trial.

RULE 28: PHYSICAL AND MENTAL
EXAMINATION OF PERSONS
Section 4. Waiver of privilege.

By requesting and obtaining a report of the examination so ordered 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.




When Applicable?

There must be a pending
action;

A partys mental or physical
condition is in controversy
Examples When Rule 28 is
Applicable
Annulment of marriage on the grounds of
psychological incapacity.

Annulment of marriage on the ground of
impotency

Annulment of contract on the ground of insanity at
the time of execution

Physical disability due to quasi-delict
REQUISITES OF PHYSICAL AND MENTAL
EXAMINATION OF PERSONS (Rule 28)
The physical or mental condition must be a
subject of controversy of the action;
A motion showing good cause must be filed;
and
Notice of the motion must be given to the
party to be examined and to all other parties
WHAT ARE THE RULES GOVERNING
THE RIGHTS OF PARTIES ON THE
REPORT OF THE EXAMINING
PHYSICIAN REGARDING THE
PHYSICAL OR MENTAL CONDITION
OF A PARTY EXAMINED?
The rules are the following:
The person examined, shall upon request, be
entitled to a copy of the detailed written
report of the examining physician setting out
his findings and conclusion.

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 physical or mental
condition
The rules are the following: (cont.)
If the party examined refuses to deliver such
report, the court on motion and notice may make
an order requiring delivery.

The party examined who obtains a report of the
examination or takes the deposition of the
examiner waives any privilege he may have in
that action or any other action 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.
Frequently Asked Questions
Example:

A and B was involved in a vehicular accident
where A sued B for damages resulting
from the accident. A presented B his
medical records which supports his claim,
however B is not confident on the report
presented.
Frequently Asked Questions
1. Can B ask the court to issue an order for A to
undergo physical examination by another doctor?
YES

2. Can A ask for a copy of the detailed report after the
examination?
YES
Frequently Asked Questions
3. When A asks for the findings, can B also ask for As
examination by his personal doctor of A,
previously made or thereafter?
YES

4. Once a party asks for a report of the examination,
does he automatically waives the the privilege of
physician-patient relationship?
YES
Frequently Asked Questions
5. What happens if the doctor refuses or fail to deliver
a report even after the courts motion and notice
regarding a like report of any examinations,
previously or thereafter made of the same mental
or physical condition?

He CANNOT testify and CANNOT give
evidence.
THANK YOU VERY MUCH!