Professional Documents
Culture Documents
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* SECOND DIVISION.
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400
DEL CASTILLO, J.:
Section 6,[1] Rule 25 of the Rules of Court (Rules)
provides that “a party not served with written
interrogatories may not
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[1] Sec. 6. Effect of failure to serve written interrogatories.—Unless
thereafter allowed by the court for good cause shown and to prevent a
failure ofjustice, a party not served with written interroga-
401
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tories may not be complelled by the adverse party to give testimony in
open court, or to give a deposition pending appeal.
[2] Rollo, pp. 11-24.
[3] CA Rollo, pp. 297-306; penned by Associate Justice Hakim S.
Abdulwahid and concurred in by Associate Justices Rodrigo V. Cosico and
Mariflor P. Punzalan Castillo.
[4] Id., at p. 333; penned by Associate Justice Hakim S. Abdulwahid
and concurred in by Associate Justices Mariflor P. Punzalan Castillo and
Ramon M. Bato, Jr.
[5] Id., at pp. 309-316.
[6] Id., at pp. 17-23.
402
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NOTICE
The Branch Clerk of Court
Regional Trial Court
Branch 7, Malolos, Bulacan
Greetings:
Please submit the foregoing motion for the consideration and
approval of the Hon. Court immediately upon receipt hereof.
(signed)
Vicente C. Angeles[9]
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[7] Id., at pp. 74-75.
[8] Specifically, Oscar L. Abendan, Senior Manager; O.L. Cajucom,
Assistant Manager; and B.C. T. Reyes, Assistant Manager.
[9] CA Rollo, pp. 75-76.
[10] Id., at pp. 77-82.
[11] Which provide, thus:
403
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RULE 25
INTERROGATORIES TO PARTIES
404
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[13] Rollo, pp. 17, 28, 54, 171-172.
[14] Id., at p. 54.
[15] CA Rollo, pp. 217-222.
405
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[16] Id., at pp. 222-227.
[17] Rollo, pp. 184-185.
[18] Id., at p. 185.
406
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[19] CA Rollo, pp. 2-15.
[20] Citing the cases of Vlason Enterprises Corporation v. Court of
Appeals, 369 Phil. 269; 310 SCRA 26 (1999); People v. Hon. Leviste, 325
Phil. 525; 255 SCRA 238 (1996); Adorio v. Hon. Bersamin, 339 Phil. 411;
273 SCRA 217 (1997); and E&L Mercantile, Inc. v. Intermediate Appellate
Court, 226 Phil. 299; 142 SCRA 385 (1986).
[21] Which provides as follows:
RULE 21
SUBPOENA
Section 1. Subpoena and subpoena duces tecum.
Subpoena is a process directed to a person requiring him to attend
and to testify at the hearing or the trial of an action, or at any
investigation conducted by competent authority, or for the taking of
his deposition. It may also require him to bring with him any books,
documents, or other things under his control, in which case it is
called a subpoena duces tecum.
xxxx
Sec. 5. Subpoena for depositions.
Proof of service of a notice to take a deposition, as provided in
sections 15 and 25 of Rule 23, shall constitute sufficient
authorization for the issuance of subpoenas for the persons named in
said notice by the clerk of the court of the place in which the
deposition is to be taken. The clerk shall not, however, issue a
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407
The CA held that the trial court did not commit grave
abuse of discretion in issuing the assailed Orders;
petitioners’ Motion is a litigated motion, especially as it
seeks to require the adverse party, Metrobank’s officers, to
appear and testify in court as petitioners’ witnesses. It held
that a proper notice of hearing, addressed to the parties
and specifying the date
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[22] Which states:
RULE 132
PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
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Sec. 10. Leading and misleading questions.—A question which
suggests to the witness the answer which the examining party
desires is a leading question. It is not allowed, except:
xxxx
(e) Of a witness who is an adverse party or an officer, director,
or managing agent of a public or private corporation or of a
partnership or association which is an adverse party.
A misleading question is one which assumes as true a fact not yet
testified to by the witness, or contrary to that which he has
previously stated. It is not allowed.
[23] CA Rollo, p. 305.
408
The CA held further that the trial court did not err in
denying petitioners’ Motion to secure a subpoena duces
tecum/ad testificandum, ratiocinating that Rule 25 is quite
clear in providing that the consequence of a party’s failure
to serve written interrogatories upon the opposing party is
that the latter may not be compelled by the former to
testify in court or to render a deposition pending appeal. By
failing to serve written interrogatories upon Metrobank,
petitioners foreclosed their right to present the bank’s
officers as their witnesses.
The CA declared that the justification for the rule laid
down in Section 6 is that by failing to seize the opportunity
to inquire upon the facts through means available under
the Rules, petitioners should not be allowed to later on
burden Metrobank with court hearings or other processes.
Thus, it held:
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[24] Which state, as follows:
RULE 15
MOTIONS
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Sec. 4. Hearing of motion.
Except for motions which the court may act upon without
prejudicing the rights of the adverse party, every written motion
shall be set for hearing by the applicant.
Every written motion required to be heard and the notice of the
hearing thereof shall be served in such a manner as to ensure its
receipt by the other party at least three (3) days before the date of
hearing, unless the court for good cause sets the hearing on shorter
notice.
Sec. 5. Notice of hearing.
The notice of hearing shall be addressed to all parties concerned,
and shall specify the time and date of the hearing which must not be
later than ten (10) days after the filing of the motion.
409
I
THE COURT OF APPEALS COMMITTED REVERSIBLE
ERRORS IN REQUIRING NOTICE AND HEARING (SECS. 4
AND 5, RULE 15, RULES OF COURT) FOR A MERE MOTION
FOR SUBPOENA OF RESPONDENT BANK’S OFFICERS
WHEN SUCH REQUIREMENTS APPLY ONLY TO
DEPOSITION UNDER SEC. 6, RULE 25, RULES OF COURT.
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[25] CA Rollo, p. 305, citing Regalado, Remedial Law Compendium, Volume I,
Eighth Revised Ed., 2002, pp. 333-334.
[26] Id., at pp. 309-316.
410
II
THE COURT OF APPEALS COMMITTED (REVERSIBLE)
ERROR IN HOLDING THAT THE PETITIONERS MUST FIRST
SERVE WRITTEN INTERROGATORIES TO RESPONDENT
BANK’S OFFICERS BEFORE THEY CAN BE SUBPOENAED.
[27]
Petitioners’ Arguments
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[27] Rollo, pp. 16, 20.
[28] Supra note 20.
[29] Id., at p. 419.
411
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[30] Rollo, pp. 48-82.
[31] Citing the following Rule:
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RULE 21
SUBPOENA
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Sec. 4. Quashing a subpoena
The court may quash a subpoena duces tecum upon motion promptly
made and, in any event, at or before the time specified therein if it is
unreasonable and oppressive, or the relevancy of the books, documents or
things does not appear, or if the person in whose behalf the subpoena is
issued fails to advance the reasonable cost of the production thereof.
The court may quash a subpoena ad testificandum on the ground that
the witness is not bound thereby. In either case, the subpoena may be
quashed on the ground that the witness
412
Our Ruling
The Court denies the Petition.
On the procedural issue, it is quite clear that Metrobank
was notified of the Motion for Issuance of Subpoena Duces
Tecum Ad Testificandum; in fact, it filed a timely
Opposition thereto. The technical defect of lack of notice of
hearing was thus cured by the filing of the Opposition.[32]
Nonetheless, contrary to petitioners’ submission, the
case of Adorio cannot apply squarely to this case. In Adorio,
the request for subpoena duces tecum was sought against
bank officials who were not parties to the criminal case for
violation of Batas Pambansa Blg. 22. The situation is
different here, as officers of the adverse party Metrobank
are being compelled to testify as the calling party’s main
witnesses; likewise, they are tasked to bring with them
documents which shall comprise the petitioners’ principal
evidence. This is not without significant consequences that
affect the interests of the adverse party, as will be shown
below.
As a rule, in civil cases, the procedure of calling the
adverse party to the witness stand is not allowed, unless
written interrogatories are first served upon the latter.
This is embodied in Section 6, Rule 25 of the Rules, which
provides —
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fees and kilometrage allowed by these Rules were not tendered when the
subpoena was served.
[32] See United Feature Syndicate, Inc. v. Munsingwear Creation
Manufacturing Company, 258-A Phil. 841, 847; 179 SCRA 260, 264 (1989).
413
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[33] Gaw v. Chua, G.R. No. 160855, April 16, 2008, 551 SCRA 505, 517.
414
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[34] BA Savings Bank v. Sia, 391 Phil. 370, 377; 336 SCRA 484, 489
(2000); Restaurante Las Conchas v. Llego, 372 Phil. 697, 708; 314 SCRA
24, 34 (1999).
415
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