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Civil Procedure: Rule 29 Refusal to GO

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DEC 18 Posted by Magz
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Section 1. Refusal to answer. – If a party or other deponent refuses to answer any question
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upon oral examination, the examination may be completed on other matters or adjourned as
the proponent of the question may prefer. The proponent may thereafter apply to the proper
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court of the place where the deposition is being taken, for an order to compel an answer. The
same procedure may be availed of when a party or a witness refuses to answer any
interrogatory submitted under Rules 23 or 25. RECENT POSTS

If the application is granted, the court shall require the refusing party or deponent to answer
Legal Ethics Case Digests – Imposition of
the question or interrogatory and if it also finds that the refusal to answer was without Proper Penalty
substantial justification, it may require the refusing party or deponent or the counsel advising Legal Ethics Case Digests – Grant of a Motion
the refusal, or both of them, to pay the proponent the amount of the reasonable expenses for Reconsideration
incurred in obtaining the order, including attorney’s fees. Legal Ethics Case Digests – Issuance of an Order
of Release
If the application is denied and the court finds that it was filed without substantial Legal Ethics Case Digests – Granting of Bail
justification, the court may require the proponent or the counsel advising the filing of the Legal Ethics Case Digests – Payment of Docket
application, or both of them, to pay to the refusing party or deponent the amount of the Fees in Election Cases
reasonable expenses incurred in opposing the application, including attorney’s fees. Legal Ethics Case Digests – Improper Imposition
of the Punishment of Contempt
Sec. 2. Contempt of court. – If the party or other witness refuses to be sworn to answer any Legal Ethics Case Digests – Misrepresentation
question after being directed to do so by the court of the place in which the deposition is being and Non-payment of IBP Dues
taken, the refusal may be considered a contempt of that court. Legal Ethics Case Digests – Duty of Lawyer to
Client/Proper Conduct
Sec. 3. Other consequences – If any party or an officer or managing agent of a party refuses to
Legal Ethics Case Digests – Duty to
obey an order made under section 1 of this Rule requiring him to answer designated questions, Client/Accounting of Client’s Money/Negligence
or an order under Rule 27 to produce any document or other thing for inspection copying or Legal Ethics Case Digests – Duty to the
photographing or to permit it to be done, or to permit entry upon land or other property, or an Court/Negligence of a Lawyer
order made under Rule 28 requiring him to submit to a physical or mental examination, the Jokes Part IV
court may make such orders in regard to the refusal as are just, and among others the Jokes Part III
following: Jokes Part II
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(a) An order that the matters regarding which the questions were asked, or the character or 2014 Bar Examinations set in October
description of the thing or land, or the contents of the paper , or physical or mental condition Civil Law – Property
of the party, or any other designated facts shall be taken to be established for the purposes of Civil Law – Land Titles
the action in accordance with the claim of the party obtaining the order; Pre-Bar Quizzer in Political Law – PART 2:
Constitution of Liberty 101 – 120
(b) An order refusing to allow the disobedient party to support or oppose designated claims or Pre-Bar Quizzer in Political Law – PART 2:
defenses or prohibiting him from introducing in evidence designated document or things or Constitution of Liberty 91 – 100
items of testimony, or from introducing evidence of physical or mental condition; Pre-Bar Quizzer in Political Law – PART 2:
Constitution of Liberty 81 – 90
(c) An order striking out pleadings or parts thereof, or staying further proceedings until the
order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a
judgment by default against the disobedient party; and PAGES

(d) In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of Home
any party or agent of a party for disobeying any such orders except an order to submit to a Digests
physical or mental examination. Legal Ethics Case Digests
Criminal Law Case Digests
Sec. 4. Expenses on refusal to admit. – If a party after being served with a request under Rule
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26 to admit the genuineness of any document or the truth of any matter of fact, serves a sworn Administrative Law
denial thereof and if the party requesting the admissions thereafter proves the genuineness of Civil Law
such document or the truth of any such matter of fact, he may apply to the court for an order Civil Procedure
requiring the other party to pay him the reasonable expenses incurred in making such proof, Commercial Law
including attorney’s fees. Unless the court finds that there were good reasons for the denial or Constitutional Law
that admissions sought were of no substantial importance, such order shall be issued. Criminal Law
Criminal Procedure
Sec. 5. Failure of party to attend or serve answers. – If a party or an officer or managing agent Election Law
of a party willfully fails to appear before the officer who is to take his deposition, after being Insurance Code
served with a proper notice, or fails to serve answers to interrogatories submitted under Rule Legal Ethics
25 after proper service of such interrogatories, the court on motion and notice, may strike out Negotiable Instruments Law
all or any part of any pleading of the party, or dismiss the action or proceeding or any part Political Law
thereof, or enter a judgment by default against the party, and in its discretion, order him to Jokes
pay reasonable expenses incurred by the other, including attorney’s fees.

Sec. 6. Expenses against the Republic of the Philippines. – Expenses and attorney’s fees are not CATEGORIES
to be imposed upon the Republic of the Philippines under this Rule.
Administrative Law
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Civil Law
Republic v. Sandiganbayan, 204 SCRA 212
Civil Procedure
The various modes or instruments of discovery are meant to serve (1) as a device, Commercial Law
Constitutional Law
along with the pre-trial hearing, to narrow and clarify the basic issues between the parties,
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and (2) as a device for ascertaining the facts relative to those issues. The evident purpose is,
Digests
to repeat, to enable the parties, consistent with recognized privileges, to obtain fullest
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possible knowledge of the issues and facts before civil trails and thus prevent that said trials
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are carried on in the dark. To this end, the field of inquiry that may be covered by depositions
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or interrogatories is as broad as when the interrogated party is called as a witness to testify
Negotiable Instruments Law
orally at trial. The inquiry extends to all facts which are relevant, whether they be ultimate or
Political Law
evidentiary, excepting only those matters which are privileged. The objective is as much to Remedial Law
give every party the fullest possible information of all relevant facts before the trial as to
obtain evidence for use upon said trial.
ARCHIVES
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 September 2014
interrogatories), (b) interrogatories to parties, and (c) requests for admissions, may be availed August 2014
of without leave of court, and generally, without court intervention. The Rules of Court July 2014
explicitly provide that leave of court is not necessary to avail of said modes of discovery after June 2014
an answer to the complaint has been served. It is only when an answer has not yet been filed January 2012
(but after jurisdiction has been obtained over the defendant or property subject of the action) December 2011
that prior leave of court is needed to avail of these modes of discovery, the reason being that October 2011
at that time the issues are not yet joined and the disputed facts are not clear. September 2011
July 2011
On the other hand, leave of court is required as regards discovery by (a) production or June 2011
inspection of documents or things in accordance with Rule 27, or (b) physical and mental May 2011
examination of persons under Rule 28, which may be granted upon due application and a
showing of due course.
ABOUT ME
Po v. CA, 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, nor should he be required to make a second denial of
those already denied in his answer to the complaint. 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.

Bribonera v. CA, 216 SCRA 607

(Same ruling as in Po v. CA.)

The request for admission should be served upon the party himself and not upon counsel.

Revilla v. CA, 217 SCRA 583

Magz
Evidence is negative when the witness states that he did not see or know the occurrence of a
fact, and positive when the witness affirms that a fact did or did not occur. Don Cayetano’s First of all, I am not a lawyer. I'm a graduate of AB
Political Science and went to the College of Law
declaration that he did not execute a second will, constitutes positive evidence of a fact
but stopped going to law school for some reasons.
personally known to himself: that he did not make a second will.
I'm a passionate teacher who has been teaching
English to speakers of other languages and a
NOTES ON DISCOVERY:
person who likes writing and blogging. I lost some
Modes of Discovery allowed by the Rules: important files and software when my computer
broke down so the reason I created this website is
1. Depositions to preserve the notes, reviewers and digests I
collected when I was at the law school and at the
2. Written interrogatories of the parties same time, I want to help out law students who do
not have enough time to go and read books in the
3. Admissions of the adverse party library. I wish you all good luck!

4. Production or inspection of document or things View Full Profile →

5. Motion for physical and mental examination of persons

META
Two Kinds of Depositions:

1. Oral examination Register

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2. Written Interrogatories – different from two above Entries feed
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Motions: Don’t forget:
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Notice, signatures

Request for admission, questions are answerable by yes or no

Attach receipt of registered mail in the pleading to be sent to the court.

Purpose for suppression of evidence – based on form.

Purpose of provisional remedies – to prevent judgment from being useless, judgment can be
satisfied

DISCOVERY PROVISIONAL

PURPOSE to discover evidence prevent judgment from being ineffective

NATURE ancilliary ancilliary

-may be extrajudicial -should be applied for before the court where the action is pending

MODES 1. Deposition 1. Preliminary attachment; pending

appeal 2. Written Interrogatories 2. Preliminary
injunction

3. Admission of adverse party 3. Receivership – pending appeal

4. Production/Inspection of Doc. 4. Replevin

5. Physical & mental examination 5. Support pendente lite – pending appeal

Reference: University of the Philippines

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In "Civil Procedure" In "Civil Procedure" In "Civil Procedure"

About Magz
First of all, I am not a lawyer. 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'm a
passionate teacher who has been teaching English to speakers of other languages
and a person who likes writing and blogging. 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, I
want to help out law students who do not have enough time to go and read books in the
library. I wish you all good luck!
View all posts by Magz »

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