Republic vs.

Sandiganbayan 204 SCRA 212 , November 21, 1991

NARVASA, J.:
FACTS:
The case was commenced by the Presidential Commission on Good Government (PCGG) in
behalf of the Republic of the Philippines. The complaint which initiated the action was denominated
one "for reconveyance, reversion, accounting, restitution and damages," and was avowedly filed
pursuant to Executive Order No. 14 of President Corazon C. Aquino. After having been served with
summons, Tantoco, Jr. and Santiago, instead of filing their answer, jointly filed a "Motion to Strike Out
Some Portions of the Complaint and For Bill of Particulars of Other Portions." The PCGG filed an
opposition thereto, and the movants, a reply to the opposition.
Tantoco and Santiago then presented a "motion for leave to file interrogatories under Rule 25
of the Rules of Court" of which the PCGG responded by filing a motion. On March 18, 1988, in
compliance with the Order of January 29, 1988, the PCGG filed an Expanded Complaint of which the
Sandiganbayan denied with a Resolution. Tantoco and Santiago then filed an Answer with
Compulsory Counterclaim. On July 27, 1989 Tantoco and Santiago filed with the Sandiganbayan a
pleading denominated "Interrogatories to Plaintiff," and on August 2, 1989, an "Amended
Interrogatories to Plaintiff"' as well as a Motion for Production and Inspection of Documents.
The Sandiganbayan admitted the Amended Interrogatories and granted the motion for
production and inspection of documents respectively. PCGG filed a Motion for Reconsideration of the
Resolution of August 25, 1989, it also filed an opposition to the Amended Interrogatories. Tantoco
and Santiago filed a reply and opposition. After hearing, the Sandiganbayan promulgated two (2)
Resolutions. Hence, this present petition.

ISSUE: WON the Sandiganbayan is correct in admitting the amended interrogatories and granted the
motion for production and inspection of documents without leave of court.

RULING: YES, 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) under Rule 24, (b) interrogatories to parties under Rule 25, and (c) requests for
admissions under Rule 26, 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.

NOTE:
Civil Procedure; Modes of discovery.—The various modes or instruments of discovery are meant to serve (1)
as a device, along with the pre-trial hearing under Rule 20, 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 the fullest possible knowledge of the
issues and facts before civil trials 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 the relevant facts before the trial as to obtain evidence
for use upon said trial. Republic vs. Sandiganbayan, 204 SCRA 212, G.R. No. 90478 November 21, 1991

SC: WHEREFORE, the petition is DENIED, without pronouncement as to costs. The temporary restraining
order issued on October 27, 1989 is hereby LIFTED AND SET ASIDE.