Rule 25: Written Interrogatories

● Those items which are similar to the other types of deposition: (1) the uses are the same,
(2) the relevancy—subject matter is the same, it must be relevant (only subject matters
which are relevant may be inquired upon), (3) the application of Rule 25 is the same as in
Rule 23, and this was effected by the 2020 amendment. Written interrogatories may be
initiated by ex parte motion by any party desiring to illicit material and relevant fact.
● What is the difference between written interrogatories between Rule 23 and Rule 25?
There is a big difference.
○ For Rule 23—a written interrogatory (direct written interrogatories) will have to
be expanded to within a period of ten (10) days. (Transcriber’s note: I think Sir
meant cross interrogatories.) Then, there will be re-direct interrogatories for a
period of 7 days, then re-cross within 3 days. All will be given to the deposition
officer on the day indicated in the notice for the taking of deposition.
○ In contrast, for Rule 25—the written interrogatories directed to a party or an
adverse party shall be answered fully in writing. And shall be signed and sworn
by the person making them. There is no cross, re-direct, and re-cross. If you
receive such therefore under Rule 25, the only thing the party applying for such
wants from you is to answer the litany of questions. All questions will have to be
answered. The period is 15 calendar days.
■ Can you oppose it?: Yes! But in a shorter period. 10 calendar days after
the service thereof. And take note—the filing of an answer under this rule
will have to be deferred until the objections which were raised are
resolved by the court.
■ And take note, by express provision of the law, no party, may, without
leave of court, serve more than one set of interrogatories to the same party.
You can’t send one every time you think of new questions. As a general
rule, sa isa lang.
● If you realize you want to serve more, it is left to the discretion of
the court.
● One application is fine—its an ex parte motion after all. But if you
want more written interrogatories directed to the same parties, you
need to get leave of court.
● Effect of failure to serve written interrogatories to a party? You cannot call him to be
adverse party witness in court. Or, you cannot take his deposition pending appeal.
○ Most of the time, if your opponent will not tell you they’re applying for a Rule 25,
maybe your opponent is preparing to call your client to a witness stand as an
adverse party witness.
■ Pwede ba yon? Yes. “In a civil action, I’m the plaintiff, Mr. B is a
defendant, my lawyer can call Mr. B to the witness stand.”
■ But Sir sandali defendant yon eh! Can he be compelled to testify
against you? Yes. As per Rule 132. And since his position is adverse, you
can ask leading questions.
■ What’s the effect?: Your lawyer is making the other party his witness
hoping he will be able to illicit relevant information from him.
■ Don’t do this unless you’re not sure, or if you’re not familiar with it. (Sir
has done this.) But it is very hard to handle the other party as a witness.