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Republic v.

Sandiganbayan, 204 SCRA 212
The various modes or instruments of discovery are meant 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 repeat, to
enable the parties, consistent with recognized privileges, to obtain fullest possible knowledge of
the issues and facts before civil trails and thus prevent that said trials are carried on in the dark.
To this end, the field of inquiry that may be covered by depositions or interrogatories is as broad
as when the interrogated party is called as a witness to testify orally at trial. The inquiry extends
to all facts which are relevant, whether they be ultimate or evidentiary, excepting only those
matters which are privileged. The objective is as much to give every party the fullest possible
information of all relevant facts before the trial as to obtain evidence for use upon said trial.
In line with the principle of according liberal treatment to the deposition-discovery mechanism,
such modes of discovery as a) depositions (whether by oral examination or written
interrogatories), (b) interrogatories to parties, and (c) requests for admissions, may be availed of
without leave of court, and generally, without court intervention. The Rules of Court explicitly
provide that 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 to avail of these modes of discovery, the reason being that at that time
the issues are not yet joined and the disputed facts are not clear.
On the other hand, leave of court is required as regards discovery by (a) production or inspection
of documents or things in accordance with Rule 27, or (b) physical and mental examination of
persons under Rule 28, which may be granted upon due application and a showing of due course.
Republic vs Sandiganbayan Case Digest
Republic of the Philippines (Presidential Commission on Good Government) vs. Sandiganbayan
[GR 107789, 30 April 2003];
Africa vs. Sandiganbayan [GR 147214]
Facts: On 7 August 1991, the Presidential Commission on Good Government (PCGG) conducted an
Eastern Telecommunications, Philippines, Inc. (ETPI) stockholders meeting during which a PCGG
controlled board of directors was elected. A special stockholders meeting was later convened by the
registered ETPI stockholders wherein another set of board of directors was elected, as a result of which
two sets of such board and officers were elected. Victor Africa, a stockholder of ETPI, alleging that the
PCGG had since 29 January 1988 been "illegally 'exercising' the rights of stockholders of ETPI,"
especially in the election of the members of the board of directors, filed a motion before the
Sandiganbayan, prayed that said court order the "calling and holding of the Eastern Telecommunications,
Philippines, Inc. (ETPI) annual stockholders meeting for 1992 under the [c]ourt's control and supervision
and prescribed guidelines." The PCGG did not object to Africa's motion provided that "(1) An Order be
issued upholding the right of PCGG to vote all the Class "A" shares of ETPI; (2) In the alternative, in the
remote event that PCGG's right to vote the sequestered shares be not upheld, an Order be issued (a)
disregarding the Stock and Transfer Book and Booklet of Stock Certificates of ETPI in determining who
can vote the shares in an Annual Stockholders Meeting of ETPI, (b) allowing PCGG to vote 23.9% of the
total subscription in ETPI, and (c) directing the amendment of the Articles of Incorporation and By-laws of
ETPI providing for the minimum safeguards for the conservation of assets prior to the calling of a

filed a "VERY URGENT PETITION FOR AUTHORITY TO HOLD SPECIAL STOCKHOLDERS' MEETING FOR [THE] SOLE PURPOSE OF INCREASING [ETPI's] AUTHORIZED CAPITAL STOCK. Ramon Nieto. ordering the conduct of an annual stockholders meeting of ETPI. Rita de los Reyes. the PCGG filed before the Supreme Court a petition (GR 107789) for Certiorari. the Sandiganbayan resolved Africa's motion. Assailing the foregoing resolution. By Resolution of 26 November 1992. Angela Lobregat. Ma.stockholders meeting." it claiming that the increase in authorized capital stock was necessary in light of the requirements laid down by Executive Order 109 and Republic Act 7975. the PCGG. the Supreme Court resolved to refer the PCGG's very urgent petition to hold the special stockholders' meeting to the Sandiganbayan for reception of evidence and resolution. for 1992. all stockholders of record of ETPI. Victoria Legarda. and (b) holding the stockholders' meeting of ETPI scheduled on 27 November 1992. Manuel Nieto III. granting the PCGG "authority to cause the holding of a special stockholders' meeting of ETPI for the sole purpose of increasing ETPI's authorized capital stock and to vote therein the sequestered Class 'A' shares of stock. In compliance therewith. Benito Nieto. Rosario Arellano. filed a motion to intervene in GR 107789." The PCGG-contr   Skip to navigation Skip to main content  Skip to primary sidebar  Skip to secondary sidebar  Skip to footer Philippine Law Reviewers    Home Digests o Legal Ethics Case Digests o Criminal Law Case Digests Reviewers o Administrative Law o Civil Law o Civil Procedure . After the parties submitted their respective memoranda. Carmen Tuazon and Rafael Valdez. By the assailed Resolution of 13 November 1992. Carlos Nieto. in early 1995. (AEROCOM). Mandamus and Prohibition. the Supreme Court enjoined the Sandiganbayan from (a) implementing its Resolution of 13 November 1992. the Sandiganbayan issued a Resolution of 13 December 1996. Aerocom Investors and Managers. On 7 December 1992. Their motion was granted by the Supreme Court by Resolution of 14 January 1993. Inc. By Resolution of 7 May 1996.

– If a party or other deponent refuses to answer any question upon oral examination. to pay the proponent the amount of the reasonable expenses incurred in obtaining the order. or both of them. or both of them. Refusal to answer. the examination may be completed on other matters or adjourned as the proponent of the question may prefer. including attorney’s fees. .o Commercial Law o Constitutional Law o Criminal Law o Criminal Procedure o Election Law o Insurance Code o Legal Ethics o Negotiable Instruments Law o Political Law  Jokes  Contact Me Blog Archives Civil Procedure: Rule 29 Refusal to Comply with Modes of Discovery Dec 18 Posted by Magz Section 1. the court shall require the refusing party or deponent to answer the question or interrogatory and if it also finds that the refusal to answer was without substantial justification. If the application is denied and the court finds that it was filed without substantial justification. for an order to compel an answer. the court may require the proponent or the counsel advising the filing of the application. it may require the refusing party or deponent or the counsel advising the refusal. The same procedure may be availed of when a party or a witness refuses to answer any interrogatory submitted under Rules 23 or 25. including attorney’s fees. The proponent may thereafter apply to the proper court of the place where the deposition is being taken. to pay to the refusing party or deponent the amount of the reasonable expenses incurred in opposing the application. If the application is granted.

(b) An order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting him from introducing in evidence designated document or things or items of testimony. – Expenses and attorney’s fees are not to be imposed upon the Republic of the Philippines under this Rule. such order shall be issued. 6. may strike out all or any part of any pleading of the party. Sec. Sec. or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order. or physical or mental condition of the party. after being served with a proper notice. – If a party or an officer or managing agent of a party willfully fails to appear before the officer who is to take his deposition. or the character or description of the thing or land. the court on motion and notice. or dismissing the action or proceeding or any part thereof. – If the party or other witness refuses to be sworn to answer any question after being directed to do so by the court of the place in which the deposition is being taken. the refusal may be considered a contempt of that court. or from introducing evidence of physical or mental condition. he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making such proof.Sec. and in its discretion. or an order under Rule 27 to produce any document or other thing for inspection copying or photographing or to permit it to be done. – If a party after being served with a request under Rule 26 to admit the genuineness of any document or the truth of any matter of fact. . Unless the court finds that there were good reasons for the denial or that admissions sought were of no substantial importance. Expenses against the Republic of the Philippines. Expenses on refusal to admit. or dismiss the action or proceeding or any part thereof. (c) An order striking out pleadings or parts thereof. an order directing the arrest of any party or agent of a party for disobeying any such orders except an order to submit to a physical or mental examination. the court may make such orders in regard to the refusal as are just. order him to pay reasonable expenses incurred by the other. 4. including attorney’s fees. serves a sworn denial thereof and if the party requesting the admissions thereafter proves the genuineness of such document or the truth of any such matter of fact. 5. and (d) In lieu of any of the foregoing orders or in addition thereto. Sec. or an order made under Rule 28 requiring him to submit to a physical or mental examination. 3. or staying further proceedings until the order is obeyed. and among others the following: (a) An order that the matters regarding which the questions were asked. 2. Contempt of court. including attorney’s fees. or rendering a judgment by default against the disobedient party. Other consequences – If any party or an officer or managing agent of a party refuses to obey an order made under section 1 of this Rule requiring him to answer designated questions. Failure of party to attend or serve answers. or the contents of the paper . or to permit entry upon land or other property. or fails to serve answers to interrogatories submitted under Rule 25 after proper service of such interrogatories. Sec. or enter a judgment by default against the party.

To this end.) The request for admission should be served upon the party himself and not upon counsel. (b) interrogatories to parties. On the other hand. . nor should he be required to make a second denial of those already denied in his answer to the complaint. leave of court is required as regards discovery by (a) production or inspection of documents or things in accordance with Rule 27. or (b) physical and mental examination of persons under Rule 28. The Rules of Court explicitly provide that leave of court is not necessary to avail of said modes of discovery after an answer to the complaint has been served. CA. may be availed of without leave of court. The inquiry extends to all facts which are relevant. to repeat. 204 SCRA 212 The various modes or instruments of discovery are meant to serve (1) as a device. and (c) requests for admissions. CA. to obtain fullest possible knowledge of the issues and facts before civil trails and thus prevent that said trials are carried on in the dark. The evident purpose is. The objective is as much to give every party the fullest possible information of all relevant facts before the trial as to obtain evidence for use upon said trial. consistent with recognized privileges. to enable the parties. the field of inquiry that may be covered by depositions or interrogatories is as broad as when the interrogated party is called as a witness to testify orally at trial. and generally. 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 to avail of these modes of discovery. and (2) as a device for ascertaining the facts relative to those issues. Bribonera v.Republic v. A request for admission is not intended to merely reproduce or reiterate the allegations of the requesting party’s pleading but should set forth relevant evidentiary matters of fact. or documents described in and exhibited with the request. whose purpose is to establish said party’s cause of action or defense. excepting only those matters which are privileged. CA. 216 SCRA 607 (Same ruling as in Po v. which may be granted upon due application and a showing of due course. along with the pre-trial hearing. 164 SCRA 668 A party should not be compelled to admit matters of fact already admitted by his pleading and concerning which there is no issue. whether they be ultimate or evidentiary. In line with the principle of according liberal treatment to the deposition-discovery mechanism. without court intervention. the reason being that at that time the issues are not yet joined and the disputed facts are not clear. such modes of discovery as a) depositions (whether by oral examination or written interrogatories). Po v. to narrow and clarify the basic issues between the parties. Sandiganbayan.

NOTES ON DISCOVERY: Modes of Discovery allowed by the Rules: 1. and positive when the witness affirms that a fact did or did not occur. CA. signatures Request for admission. constitutes positive evidence of a fact personally known to himself: that he did not make a second will. Written Interrogatories – different from two above Motions: Don’t forget: Notice. questions are answerable by yes or no Attach receipt of registered mail in the pleading to be sent to the court. Oral examination 2. Don Cayetano’s declaration that he did not execute a second will. Purpose of provisional remedies – to prevent judgment from being useless. Written interrogatories of the parties 3.Revilla v. judgment can be satisfied DISCOVERY PROVISIONAL PURPOSE to discover evidence NATURE ancilliary prevent judgment from being ineffective ancilliary . Motion for physical and mental examination of persons Two Kinds of Depositions: 1. Depositions 2. 217 SCRA 583 Evidence is negative when the witness states that he did not see or know the occurrence of a fact. Production or inspection of document or things 5. Purpose for suppression of evidence – based on form. Admissions of the adverse party 4.

Preliminary injunction 3. 4. Receivership – pending appeal 4. pending 2. Deposition 2. Support pendente lite – pending appeal Reference: University of the Philippines Posted in Civil Procedure Leave a comment Tags: Civil Procedure: Rule 29  Search Here Search for:  Go Subscribe Join 314 other followers Subscribe by email  Recent Posts o Legal Ethics Case Digests – Imposition of Proper Penalty o Legal Ethics Case Digests – Grant of a Motion for Reconsideration o Legal Ethics Case Digests – Issuance of an Order of Release o Legal Ethics Case Digests – Granting of Bail o Legal Ethics Case Digests – Payment of Docket Fees in Election Cases . Admission of adverse party 3. Replevin 5.-may be extrajudicial -should be applied for before the court where the action is pending MODES appeal 1. Preliminary attachment. Physical & mental examination 5. Written Interrogatories 1. Production/Inspection of Doc.

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View Full Profile → . I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes. reviewers and digests I collected when I was at the law school and at the same time. o July 2014 o June 2014 o January 2012 o December 2011 o October 2011 o September 2011 o July 2011 o June 2011 o May 2011 About me Magz First of all. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I am not a lawyer. I want to help out law students who do not have enough time to go and read books in the library.

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