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MODES OF DISCOVERY USES OF DEPOSITION:
MODES OF DISCOVERY:
1.Depositions pending action (Rule 23)
2.Interrogatories to parties (Rule 25)
3.Request for Admission (Rule 26)
4.Production or inspection of documents or things (27)
5.Physical and mental examination of persons (28)
Discovery Still Applies Even if Motion For Bill of Particulars Was Denied
That the matters on which discovery is desired are the same matters subject of a
prior motion for bill of particulars and denied for lack of merit is beside the point.
A bill of particulars may elicit only ultimate facts, not evidentiary facts. The latter
are without doubt a proper subject of discovery. (Republic v. Sandiganbayan, G.R.
No. 90478, 1991).
ORDER REQUIRED for the Availment of Modes of Discovery
Trial courts are directed to issue orders requiring parties to avail of interrogatories
to parties under Rule 25 and request for admission of adverse party under Rule 26
or other measures under Rules 27 and 28 within five days from filing of the
answer.
The parties are likewise required to submit, at least 3 days before the pre-trial, pre-
trial brief, containing among others a manifestation of the parties having of their
having availed or their intention to avail themselves of discovery procedures or
referral to commissioners. (A.M. No. 03-01-09-SC).
IMPORTANCE OF RULES OF DISCOVERY:
Shorten the period of litigation and speed up adjudication. Rules of discovery
serves as:
a.devices (along with pre trial hearing under rule 18) to narrow and
clarify the basic issues between the parties
b.devices for ascertaining the facts relative to those issues.
DEPOSITION
Written testimony of a witness given in the course of a judicial proceeding , in
advance of the trial or hearing, upon oral examination or in response to written
interrogatories and where an opportunity is given for cross-examinations.
Scope of Examination
The deponent may be examined regarding any matter which is not privileged and
which is relevant to the subject of the pending action, which may include:
i. Claim or defense of any other party;
ii. Existence, description, nature, custody, condition and location of any books,
documents, or other tangible things; and
iii. Identity and location of persons having knowledge of relevant facts.
General Rule: A party shall not be deemed to make a person his/her own
witness for any purpose by taking his/her deposition (Rule 23, Sec. 7).
Exception: When the deposition is introduced in evidence, then he/she will be
deemed to have made the deponent his/her witness. (Rule 23, Sec. 8)
Exception to the exception: The exception will not apply if the deposition used is
that of an opposing party or the deposition is used to impeach or contradict the
deponent i.e., the deponent is still not a witness of the party taking the deposition.
While depositions may be used as evidence in court proceedings, they are
generally not meant to be a substitute for the actual testimony in open court of a
party or witness. A deposition is not to be used when the deponent is at hand.
1. For the purpose of contradicting or impeaching the testimony of the deponent as
witness by any party;
2. If the deponent is a party or anyone who was at the time of the deposition was
an officer, director, or managing agent of a public or private corporation,
partnership or association which is a party, his/her deposition can be used by an
adverse party for any purpose.
3. If the deponent is a witness, whether or not a party to the case, his/her
deposition may be used by any party for any purpose if the court finds that:
a. The witness is dead; or
b. The witness resides at a distance more than one hundred (100)
kilometers from the place of trial or hearing, or is out of the
Philippines (UNLESS it appears that his/her absence was procured
by the party offering the deposition); or
c. The witness is unable to attend or testify because of age, sickness,
infirmity or imprisonment; or
d. The party offering the deposition has been unable to procure the
attendance of the witness by subpoena; or
e. Upon application and notice, that such exceptional circumstances
exist as to make it desirable, in the interest of justice to allow the
deposition to be used.
If only part of a deposition is offered in evidence by a party, the
adverse party may require him or her to introduce all of it which is
relevant to the part introduced, and any party may introduce any
other parts. (Rule 23, Sec. 4).
For perpetuation of testimonies before action (depositions before action), it may be
used in any action subsequently brought involving the same subject matter,
provided:
a. It is taken in accordance with the provisions of Rule 25; or
b. If not so taken, it remains admissible in evidence.
No deposition shall be taken before:
a. A person who is a relative within the sixth degree of consanguinity or affinity of
any of the parties;
b. An employee or counsel of any of the parties;
c. An employee or relative of such counsel within the same degree in no. 1; and
d. A person financially interested in the action
Within the Philippines, depositions may be taken before:
a. Any judge;
b. A notary public; or
c. If the parties so stipulate in writing, before any person authorized to administer
oaths.
Outside the Philippines, depositions may be taken before:
a. A secretary of an embassy or legation, consul general, consul, vice-consul, or
consular agent of the Republic of the Philippines;
b. Such person or officer as may be appointed by commission or letters rogatory;
or
c. If the parties so stipulate in writing, before any person authorized to administer
oaths
That neither the presiding judge nor the parties will be able to personally examine
and observe the conduct of a deponent does not justify denial of the right to take
deposition. This objection is common to all depositions. Allowing this reason will
render nugatory the provisions in the Rules of Court that allow the taking of
depositions. The parties may also well agree to take deposition by written
interrogatories to afford petitioners the opportunity to cross-examine. (Santamaria
v. Cleary, G.R. Nos. 197122 &197161, June 15, 2016).
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KINDS OF DEPOSITIONS:
REMEDIES

1.Deposition de bene esse or one taken pending action

No More with “leave of court”,its not “upon Ex Parte motion of a two (2) requisites before a court may issue a protective order:
party” 1. There must be notice; and
4blue95. the 2019 Amendments deleted the phrase “By leave of 2. The order must be for good cause shown. (Santamaria v. Cleary,
court after jurisdiction has been obtained over any defendant or over G.R. Nos. 197122 &197161, Jun. 15, 2016).
property which is the subject of the action, or without such leave
after an answer has been served…” Thus, the requirement of leave
of court is now replaced with an ex parte motion

2.Deposition in perpetua rei memoriam or one taken prior to the institution
of an apprehended or intended action
the testimonies of the following may be taken by deposition:
a. Any person who wants to perpetuate his/her own testimony; or
b. Any person who wants to perpetuate the testimony of another
person.
Such person may perpetuate his/her testimony or that of another by
filing a verified petition in the court of the place of the residence of
any expected adverse party. (Sec. 1, Rule 24)
Against Whom Depositions May Be Used
Any part or all of the deposition, so far as admissible under the rules of evidence,
may be used:
1. Against any party who was present or represented at the taking of the
deposition; or
2. Against one who had due notice of the deposition.
Effect of Substitutions of Parties
1.REMEDY BEFORE TAKING THE DEPOSITION
After notice is served for taking a deposition by oral examination, upon motion
seasonably made by any party or by the person to be examined and for good cause
shown, the court in which the action is pending may make the following orders:
a. That the deposition shall not be taken;
b. That the deposition may be taken only at some designated place other than that
stated in the notice;
c. That the deposition may be taken only on written interrogatories;
d. That certain matters shall not be inquired into;
e. That the scope of the examination shall be held with no one present except the
parties to the action and their officers or counsel;
f. That after being sealed the deposition shall be opened only by order of the court;
g. That secret processes, developments, or research need not be disclosed; or
h. That the parties shall simultaneously file specified documents or information
enclosed in sealed envelopes to be opened as directed by the court.
The court may make any other order which justice requires to protect the party or
witness from annoyance, embarrassment, or oppression.

The substitution of parties does not affect the right to use depositions previously
taken. (Rule 23, Sec. 5).
When an action is dismissed and another is subsequently brought, all depositions
2.REMEDY BEFORE TAKING OF DEPOSITION THROUGH WRITTEN
taken in the former action may be used in the latter action, as if originally taken,
INTERROGATORIES
provided:
1. The latter action involves the same parties, their representatives, or their
After the service of the interrogatories and prior to the taking of the testimony of
successors in interest; and
the deponent, the court in which the action is pending, on motion promptly made
2. The latter action involves the same subject as that of the former action.
by a party or a deponent, and for good cause shown, may make any order specified
in Sections 15, 16 and 18 of this Rule which is appropriate and just or an order that
ORAL DEPOSITIONS
the deposition shall not be taken before the officer designated in the notice or that
it shall not be taken except upon oral examination. (Rule, 23, Sec 28)
A party desiring to take the deposition of any person upon oral examination shall:

1. Give reasonable notice in writing to every other party to the action;

2. The notice shall state the time and place for taking the deposition and the name
and address of each person to be examined, if known;
3. And if the name is not known, a general description sufficient to identify him or
3.REMEDY DURING TAKING OF DEPOSITION
the particular class or group to which he belongs.
At any time during the taking of the deposition, on motion or petition of any party
On motion of any party upon whom the notice is served, the court may for cause
or of the deponent and upon a showing that:
shown enlarge or shorten the time (Rule 23, Sec. 15).
a. The examination is being conducted in bad faith; or
b. In such manner as unreasonably to annoy, embarrass, or oppress the deponent or
DEPOSITIONS BY WRITTEN INTERROGATORIES
party.
A deposition need not be conducted through oral examination. It may be
The court in which the action is pending or the Regional Trial Court of the place
conducted through written interrogatories. (Rule 23, Sec. 1).
where the deposition is being taken may order the officer conducting the
examination to:
A party desiring to take the deposition of any person upon written interrogatories
a. Cease forthwith from taking the deposition; or
shall serve them upon every other party with a notice stating:
b. May limit the scope and manner of the taking of the deposition, as provided in
1. The name and address of the person who is to answer them;
Section 16 of this Rule.
2. The name or descriptive title and address of the officer before whom the
deposition is to be taken. (Rule 23, Sec 25).
If the order made terminates the examination, it shall be resumed thereafter only
upon the order of the court in which the action is pending.
A copy of the notice and copies of all interrogatories served shall be delivered by
the party taking the deposition to the officer designated in the notice, who shall
Upon demand of the objecting party or deponent, the taking of the deposition shall
proceed promptly, to take the testimony of the witness in response to the
be suspended for the time necessary to make a notice for an order. In granting or
interrogatories. (Rule 23, Sec. 26).
refusing such order, the court may impose upon either party or upon the witness
It shall also be the duty of the officer designated to prepare, certify, and file or
the requirement to pay such costs or expenses as the court may deem reasonable.
mail the deposition, attaching thereto the copy of the notice and the interrogatories
(Rule 23, Sec 18).
received by him or her

Within ten (10) calendar days thereafter, a party so served may serve cross-
interrogatories upon the party proposing to take the deposition. Within five (5)
calendar days thereafter the latter may serve redirect interrogatories upon a party
who has served cross-interrogatories. (Rule 23, Sec. 25).
Within three (3) calendar days after being served with redirect interrogatories, a
party may serve recross-interrogatories upon the party proposing to take the
deposition. (Rule 23, Sec. 25).

Objections and Rebuttal of Depositions
At the trial or hearing, any party may rebut any relevant evidence contained in a
deposition whether introduced by him or her or by any other party. (Rule 23, Sec.
9).
Any reason that would require the exclusion of the evidence if the witness were
then present and testifying may be used as a reason for objection.
All objections made at the time of the examination to the qualifications of the
officer taking the deposition, manner of taking it, to evidence presented, conduct
of any party and any other objection to the proceedings shall be NOTED by the
officer taking the deposition. (Rule 23, Sec. 17). The provision does not provide
that the officer has to rule on the objection. (RIANO, p. 486).
However, for the following errors or irregularities in the depositions, objections
must be made under the following circumstance:
a. Errors and irregularities in the notice for taking of the deposition are waived
unless written objection is served;
b. The disqualification of the officer before whom it is taken is deemed waived
unless made before the taking of the deposition begins or as soon thereafter as the
disqualification becomes known or could be discovered with reasonable diligence;
c. Objections to the competency, relevance, or materiality of the witness and/or
testimony are not waived when not raised during the taking of the deposition
unless such ground have been obviated or removed if presented at that time;
d. Same rules as above applies to oral examinations;
e. Errors in the manner in which the deposition is prepared is waived unless a
motion to suppress deposition is made. (Rule 23, Sec. 29).
If the ground of the objection is one which might have been obviated or removed
if presented at that time, it should be made during the taking of the deposition, as
otherwise, it will be waived
When The Taking Of Deposition May Be Terminated Or Its Scope Limited
The taking of deposition may be terminated or its scope limited at any time during
the taking of the deposition, provided:
1. It is made upon motion or petition of any party or of the deponent; and
2. Upon showing that the examination is being conducted in bad faith or in such
manner as unreasonably to annoy, embarrass or oppress the deponent or party.
Upon demand of the objecting party or deponent, the taking of the deposition shall
be suspended for the time necessary to make a notice for an order. (Rule 23, Sec.
18). Who May Order Limitation or Termination The order may be made by: a. The
court in which the action is pending; or b. The RTC of the place where the
deposition is being taken. (Rule 23, Sec. 18)
Scope of the Order
The court may order the officer conducting the examination:
a. To cease forthwith from the taking of the deposition;
b. To limit the scope and manner of the taking of the deposition.
If the order terminates the action, it shall be resumed thereafter only upon the
order of the court in which the action is pending.
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Deposition In Perpetuam Rei Memoriam
Deposition for use in future proceedings as in the case where it is sought
before the existence of an action or for cases on appeal. (Rule 24).
It was intended to preserve known testimony against danger of loss. For
instance, the petitioner has a cause of action which has not yet accrued. In
such case, inasmuch as he cannot bring the action until the cause of action
accrues, he may perpetuate his testimony or that of another person. (Rule 24,
Sec. 1)
Contents of the Petition
1. That the petitioner expects to be a party to an action in a court of the Philippines
but is presently unable to bring it or cause it to be brought;
2. The subject matter of the expected action and his interest therein;
3. The facts which he desires to perpetuate;
4. The names or a description of his expected adverse parties; and
5. The names and addresses of the persons to be examined and the substance of the
testimony. (Rule 24, Sec. 2).
Where Petition is Filed
A person desiring to perpetuate his or her testimony or that of another may file a
verified petition in the court of the place of the residence of any expected adverse
party. (Rule 24, Sec. 1).
Notice
The petitioner shall serve notice upon each person named in the petition as an
expect adverse party. (Rule 24, Sec. 3).
Order and Examination
If the court is satisfied that the perpetuation of the testimony may prevent a failure
or delay of justice, it shall make an order designating or describing the persons
whose deposition may be taken and specifying the subject matter of the
examination and whether the depositions shall be taken upon oral examination or
written interrogatories. (Rule, 24, Sec. 4).
Use of Deposition
It is admissible in evidence, it may be used in any action involving the same
subject matter subsequently brought. (Rule 24, Sec. 6).
DEPOSITIONS IN CIVIL VS. CRIMINAL PROCEEDINGS
1. The procedure under Rule 23 to 28 of the Rules of Court allows the taking of
depositions in civil cases, either upon oral examination or written interrogatories,
before any judge, notary public or person authorized to administer oaths at any
time or place within the Philippines; or before any Philippine consular official,
commissioned officer or person authorized to administer oaths in a foreign state or
country, with NO ADDITIONAL REQUIREMENT EXCEPT reasonable notice in
writing to the other party.
2. For purposes of taking the deposition in criminal cases, more particularly of a
prosecution witness who would foreseeably be unavailable for trial, the
testimonial examination should be made before the court, or at least before the
judge, where the case is pending as required by the clear mandate of Section 15,
Rule 119 of the Revised Rules of Criminal Procedure. (Go v. People, G.R. No.
185527, 2012).
Depositions, however, are recognized under Rule 23 of the Rules on Civil
Procedure. Although the rule on deposition by written interrogatories is inscribed
under the said Rule, the Court holds that it may be applied suppletorily in criminal
proceedings so long as there is compelling reason.
Verily, in light of the unusual circumstances surrounding the instant case, the
Court sees no reason not to apply the provisions of Rule 23 of the Rules on Civil
Procedure in the interest of substantial justice and fairness. Hence, the taking of
testimony of Mary Jane through a deposition by written interrogatories is in order.
(People v. Sergio, G.R. No. 240053, October 9, 2019).

WRITTEN INTERROGATORIES TO ADVERSE
PARTIES
The Use and Scope are same with that of Depositions.
Upon ex parte motion, any party desiring to elicit material and relevant facts
from any adverse party shall file and serve, upon the latter, written
interrogatories.
But no party may serve more than one set of interrogatories to be answered by the
same party without leave of court. (Rule 25, Sec. 4).
Unless thereafter allowed by the court for good cause shown and to prevent a
failure of justice, a party not served with written interrogatories may not be
compelled by the adverse party to give testimony in open court, or to give a
deposition pending appeal. (Sps. Afulugencia v. Metrobank, G.R. No. 185145,
February 5, 2014)
Since the calling party is deemed bound by the adverse party’s testimony,
compelling the adverse party to take the witness stand may result in the calling
party damaging its own case. Another reason for the rule is that by requiring prior
written interrogatories, the court may limit the inquiry to what is relevant, and thus
prevent the calling party from straying or harassing the adverse party when it takes
the latter to the stand.
Answer to Interrogatories
The written interrogatories shall be answered by:
a. The party served; or
b. If the party served is a corporation, partnership, or association which is a party,
any officer thereof competent to testify. (Rule 25, Sec. 1).
The interrogatories shall be answered fully in writing and shall be signed and
sworn to by the person making them. Such answer shall be filed and served to the
party submitting the interrogatory within fifteen (15) days from service of such
interrogatories unless the court on motion and for good cause extends or shortens
the time. (Rule 25, Sec. 2).
Considering that the case is in the crossexamination stage already, the use of
written interrogatories will not serve its purpose anymore. It cannot aid in the
preparation and speedy disposition of the pending case. Instead, it will only cause
further delay in the proceedings. (BDO Strategic Holdings, Inc. v. Asia
Amalgamated Holdings Corp., G.R. No. 217360, Nov. 13, 2019).
Objections to Interrogatories
Objections to the interrogatory may be presented to the court within ten (10)
calendar days after service thereof.
Effect Of Failure To Serve Written Interrogatories
General Rule: A party not served with written interrogatories may not be
compelled by the adverse party to give testimony in open court, or to give a
deposition pending appeal.
Exception: When allowed by the court for good cause and to prevent a failure of
justice. (Rule 25, Sec. 6).
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Consequences Of Refusal To Answer
The following are the consequences of refusal to answer written interrogatories:
i. If a party refuses to answer any question any interrogatory, the examination may
be completed on other matters or adjourned as the proponent of the question may
prefer. (Rule 29, Sec. 1).
ii. The proponent of the question may apply for an order to the court where the
deposition is being taken to compel the adverse party to answer. If granted, the
refusing party will be required to answer; he may also be required to pay the
proponent reasonable fees for filing the order, including attorney’s fees. (Rule 29,
Sec. 1).
iii. If after being ordered by the court, the party or witness still refuses to answer,
the refusal may be considered a contempt of that court. (Rule 29, Sec. 2).
iv. The court may likewise make such orders, upon motion and notice, in regard to
the refusal of the party or witness to answer the interrogatories despite proper
service thereof:
a. That the matters regarding which the questions were asked shall be taken
to be established for the purposes of the action in accordance with the claim
of the party obtaining the order. (Rule 29, Sec. 3(a));
b. That the disobedient party be refused to be allowed to support or oppose
the designated claims or defenses or prohibiting him or her from introducing
in evidence designated documents or things or items of testimony. (Rule 29,
Sec. 3(b));
c. That any part of of any pleading of the disobedient party be stricken out.
(Rule 29, Secs. 3(c) and 5);
d. That the action or proceeding or any part thereof be stayed until the order
is obeyed. (Rule 29, Secs. 3(c) and 5);
e. That the action or proceeding or any part thereof be dismissed. (Rule 29,
Secs. 3(c) and 5);
f. That a judgment shall be rendered by default against the disobedient party.
(Rule 29, Secs. 3(c) and 5);
g. That, in addition to the above, the disobedient party may be required to
pay the proponent reasonable fees for filing the order, including attorney’s
fees. (Rule 29, Sec. 5); and
h. That the disobedient party or agent of such party be arrested. (Rule 29,
Sec. 3(d));
However, where a party refuses only to answer a PARTICULAR question,
Section 3 [c], Rule 29 shall apply (the only difference being that in Section
3[c], there is no provision on payment of reasonable expenses/ penalty).

Q:
a. Briefly explain the procedure in “Interrogatories to Parties” under Rule
25 and state the effect of failure to serve written interrogatories.
A:
1. Any party desiring to elicit material and relevant facts from any adverse
parties shall file and serve upon the latter written interrogatories to be
answered by the party served or, if the party served is a public or private
corporation or a partnership or association, by any officer thereof competent
to testify in its behalf. (Section 1, Rule 25)
2. The interrogatories shall be answered fully in writing and shall be signed
and sworn to by the person making them. The party upon whom the
interrogatories have been served shall file and serve a copy of the answers on
the party submitting the interrogatories within fifteen (15) days after service
thereof, unless the court on motion and for good cause shown, extends or
shortens the time. (Section 2, Rule 25)
3. Objections to any interrogatories may be presented to the court within ten
(10) calendar days after service thereof, with notice as in case of a motion;
and answers shall be deferred until the objections are resolved, which shall
be at as early a time as is practicable. (Sec. 3, Rule 25)
4. Should a party fail to file and serve written interrogatories on an adverse
party, he cannot compel the latter to give testimony in open court or to give
deposition pending appeal, unless allowed by the court for good cause shown
and to prevent failure of justice. (Sec. 6, Rule 25; Spouses Afulugencia v.
Metrobank, G.R. No. 185145, February 5, 2014)
b. Briefly explain the procedure on “Admission by Adverse Party” under
Rule 26 and the effect of failure to file and serve the request. (2016 Bar)
A:
1. At any time after issues have been joined, a party may file and serve upon
any party a written request for the admission by the latter of the genuineness
of any material and relevant document described in and exhibited with the
request or of the truth of any material and relevant matter of fact set forth in
the request. Copies of the documents shall be delivered with the request
unless copies have already been furnished. (Sec. 1, Rule 26)
2. Each of the matters of which an admission is requested shall be deemed
admitted unless, within a period designated in the request, which shall not be
less than fifteen (15) calendar days after service thereof, or within such
further time as the court may allow on motion, the party to whom the request
directed files and serves upon the party requesting the admission a sworn
statement either denying specifically the matters of which an admission is
requested or setting forth in detail the reasons why he cannot truthfully either
admit or deny those matters.
3. Objections to any request for admission shall be submitted to the court by
the party requested within the period for and prior to the filing of his sworn
statement as contemplated in the preceding paragraph and his compliance
therewith shall be deferred until such obligations are resolved, which
resolution shall be made as early as practicable.(Sec. 2, Rule 26)
4. Any admission made by a party pursuant to such request is for the purpose
of the pending action only and shall not constitute an admission by him for
any other purpose nor may the same be used against him in any other
proceeding. (Sec. 3, Rule 26)
5. Unless otherwise allowed by the court for good cause shown and to
prevent a failure of justice, a party who fails to file and serve a request for
admission on the adverse party of material and relevant facts at issue which
are or ought to be, within the personal knowledge of the latter, shall not be
permitted to present evidence on such facts. (Sec. 5, Rule 26) Production or
inspection of documents or things
Q: An heir/oppositor in a probate proceeding filed a motion to remove the
administrator on the grounds of neglect of duties as administrator and absence
from the country. On his part the heir/oppositor served written interrogatories to
the administrator preparatory to presenting the latter as a witness. The
administrator objected, insisting that the modes of discovery apply only to
ordinary civil actions, not special proceedings. Rule on the matter. (2008 Bar)
A: The administrator’s contention that the modes of discovery apply only to
ordinary civil action and not to special proceedings is not correct. Sec 2, Rule 72
provides that in the absence of special provisions, the rules provided for in
ordinary civil actions shall be, as far as practicable, applicable in special
proceedings. There is no provision to the contrary that would preclude the
application of the modes of discovery, specifically Interrogatories to Parties under
Rule 25 of the Rules, to probate proceedings.
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Q: A tugboat owned by Speedy Port Service, Inc. (SPS) sank in Manila Bay while
helping tow another vessel, drowning five (5) of the crew in the resulting
shipwreck. At the maritime board inquiry, the four (4) survivors testified. SPS
engaged Atty. Ely to defend it against potential claims and to sue the company
owning the other vessel for damages to the tug. Atty. Ely obtained signed
statements from the survivors. He also interviewed other persons, in some instance
making memoranda. The heirs of the five (5) victims filed an action for damages
against SPS. Plaintiffs' counsel sent written interrogatories to Atty. Ely, asking
whether statements of witnesses were obtained; if written, copies were to be
furnished; if oral, the exact provisions were to be set forth in detail. Atty. Ely
refused to comply, arguing that the documents and information asked are
privileged communication. Is the contention tenable? Explain. (2008 Bar)
A: Yes, the contention of counsel for SPS is tenable considering that he was acting
in his professional capacity in bringing about the statement he obtained from
witnesses and the memoranda he made. The notes, memoranda, and writings made
by counsel in pursuance of his professional duty, form part of his private and
confidential files in the cases handled by him; hence privileged. (Air Philippines
Corp. v. Pennswell, Inc., G.R. No. 172835, December 13, 2007)
Q: In an admiralty case filed by A against Y Shipping Lines (whose principal
offices are in Manila) in the RTC Davao City, the court issued a subpoena duces
tecum directing Y, the president of the shipping company, to appear and testify at
the trial and to bring with him several documents. a. On what valid ground can Y
refuse to comply with the subpoena duces tecum? A: Y can refuse to comply with
the subpoena duces tecum on the ground that he resides more than 100 kilometres
from the place where he is to testify, also known as the viatory right. (Sec. 10,
Rule 21) The witness can also refuse to comply with the subpoena duces tecum on
the ground that the documents are not relevant and there was no tender of fees for
one day’s attendance and the kilometrage allowed by the rules. b. How can A take
the testimony of Y and present the documents as exhibits other than through the
subpoena from the RTC? (1997 Bar)
A: A can take the testimony of Y and present the documents as exhibits by taking
his deposition through oral examination or written interrogatories He may also file
a motion for the production or inspection of documents. (Rule 27)
Q: Continental Chemical Corporation (CCC) filed a complaint for a sum of money
against Barstow Trading Corporation (BTC) for the latter’s failure to pay for its
purchases of industrial chemicals. In its answer, BTC contended that it refused to
pay because CCC misrepresented that the products it sold belonged to a new line,
when in fact they were identical with CCC’s existing products. To substantiate its
defense, BTC filed a motion to compel CCC to give a detailed list of the products’
ingredients and chemical components, relying on the right to avail of the modes of
discovery allowed under Rule 27. CCC REMEDIAL Law 34 objected, invoking
confidentiality of the information sought by BTC. Resolve BTC’s motion with
reasons. (2009 Bar)
A: I will deny the motion. The ingredients and chemical components of CCC’s
products are trade secrets within the contemplation of the law. Trade secrets may
not be the subject of compulsory disclosure by reason of their confidential and
privileged character. Otherwise, CCC would eventually be exposed to
unwarranted business competition with others who may imitate and market the
same kinds of products in violation of CCC’s proprietary rights. Being privileged,
the detailed list of ingredients and chemical components may not be the subject of
mode of discovery under Sec. 1, Rule 27 which expressly makes privileged
information an exception from its coverage. (Air Philippines Corporation v.
Pennswell, Inc., G.R. No. 172835, December 13, 2007)
Q: The plaintiff sued the defendant in the RTC to collect on a promissory note, the
terms of which were stated in the complaint and a photocopy attached to the
complaint as an annex. Before answering, the defendant filed a motion for an
order directing the plaintiff to produce the original of the note so that the
defendant could inspect it and verify his signature and the handwritten entries of
the dates and amounts.
a. Should the judge grant the defendant’s motion for production and inspection of
the original of the promissory note? Why? A: Yes, because upon motion of any
party showing good cause, the court in which the action is pending may order any
party to produce and permit the inspection of designated documents (Rule 27).
The defendant has the right to inspect and verify the original of the promissory
note so that he could intelligently prepare his answer.
b. Assuming that an order for production and inspection was issued but the
plaintiff failed to comply with it, how should the defendant plead to the alleged
execution of the note? (2002 Bar) A: The defendant may file a motion to dismiss
the complaint because of the refusal of the plaintiff to obey the order of the court
for the production and inspection of the promissory note. (Sec. 3(c), Rule 29)
Physical and mental examination of persons

REQUEST FOR ADMISSION
The purpose of this mode of discovery is to allow one party to request the adverse
party, in writing, to admit certain material and relevant matters which, most likely,
will not be disputed in trial. (RIANO 2019, p.493).
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. [xxx] 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.
Effect Of Admission
Any admission made by a party pursuant to such request is for the purpose of the pending
action only and shall not constitute an admission by him or her for any other purpose nor
may the same be used against him or her in any other proceedings
How Request for Admission Made
At any time after the issues have been joined, a party may file and serve upon another
party a:
a. Request for the admission of the genuineness of any material and relevant document
described in and exhibited with the request; or
b. Request for the admission of the truth of any material and relevant matter of fact set
forth in the request.
Copies of the documents shall be delivered with the request unless the same have already
been furnished. (Rule 26, Sec. 1)
The court may allow the party making an admission, whether express or implied, to
withdraw or amend it upon such terms as may be just. (Rule 23, Sec. 4). To effect the
withdrawal, the admitting party should file a motion to be relieved of the effects of his
admission.
Objections to Requests for Admission
Objections to any request for admission shall be submitted to the court within the period
for and prior to the filing of the sworn statement, i.e., fifteen (15) days after service of
request. Such objections will defer compliance until such have been resolved by the
court.
Effect Of Failure To File And Serve Request For Admission
As a consequence of the failure to avail of this mode of discovery, the party shall not be
permitted to present evidence on facts that are material and relevant and which are, or
ought to be, within the personal knowledge of the other party, unless otherwise allowed
by the court for good cause shown and to prevent a failure of justice
Implied Admission By Adverse Party
There is an implied admission if the party to whom the request is made does not file and
serve a sworn statement either:
a. Denying specifically the matters of which an admission is requested; or
b. Setting forth the reasons why he or she cannot truthfully admit or deny those matters.
The sworn statement must be filed and served within the period designated in the request
for admission but shall not be less than fifteen (15) calendar days after service of the
request. (Rule 26, Sec. 2).
To avoid the implied admission, the party requested may have the compliance of the
filing and service of the sworn statement deferred. This deferment may be effected by the
filing with the court objections to the request for admission. (RIANO, 2019, p. 495, also
see Rule 26, Sec. 2(2))
That the Comment was not under oath is not a substantive, but merely a formal, defect
which can be excused in the interest of justice conformably to the well-entrenched
doctrine that all pleadings should be liberally construed as to do substantial justice. The
filing of such Comment substantially complied with Rule 26. Consequently, the DBP
cannot be deemed to have impliedly admitted the matters set forth in the Request for
Admission for the mere reason that its Comment was not under oath. (DBP v CA, G.R.
No. 153034, 2005).
Consequences Of Failure To Answer Request For Admission
If a sworn denial (see Rule 26, Sec. 2) is filed and served to the party requesting for
admission, and the latter thereafter proves the genuineness of such document or the truth
of any matter of fact, the party requesting, upon motion, apply for an order requiring the
other party to pay him reasonable expenses incurred in making such proof, including
attorney’s fees. The order shall be issued unless the court finds that there were good
reasons for the denial or that admissions sought were of no substantial importance. (Rule
29, Sec. 4). If the party to whom the written request for admission is directed does not file
the required sworn statement, each of the matters of which an admission is requested
shall be deemed admitted
6
PRODUCTION/INSPECTION OF DOCUMENTS
OR THINGS
(MERELY INTERLOCUTORY ,NOT APPEALABLE)
allow a party to seek an order from the court in which an action is pending to:
a. Order any party to produce and permit the inspection and copying or
photographing of any designated document, not privileged, which constitute or
contain evidence material to any matter; or
b. Order any party to permit entry upon designated land or other property in his
possession or control for purpose of inspecting, measuring, surveying, or
photographing the property or any designated object or operation therein.
4blue95. While the grant of a motion for the production of a document is admittedly
discretionary on the part of the trial court judge, nevertheless, it cannot be arbitrarily or
unreasonably denied because to do so would bar access to relevant evidence that may be
used by a party-litigant. The test to be applied by the trial judge in determining the
relevancy of the documents is one of reasonableness and practicability. (Eagleridge
Development Corporation v Cameron Granville 3 Asset Management Inc., G.R. No.
204700, 2013).
Filing of a Motion; Order of the Court
1. The motion must be filed by the party seeking the production or inspection of
documents and things, and the motion must show good cause supporting the same.
2. The order shall specify the time, place and manner of making the inspection and taking
copies and photographs and may prescribe such terms and conditions as are just. (Rule
27, Sec. 1).
This mode of discovery is not only for the benefit of a party, but also for the court and for
it to discover all relevant and material facts in connection with the case before it
Limitation of Order
A motion for production and inspection of documents should not demand a roving
inspection of a promiscuous mass of documents. The inspection should be limited to
those documents designated with sufficient particularity in the motion, such that the
adverse party can easily identify the documents he is required to produce, otherwise the
petition cannot prosper. (Alvero v. Dizon, G.R. No. L-342, May 4, 1946).
This is essentially a mode of discovery limited to the parties to the action. This is to be
differentiated from a subpoena duces tecum which is a means to compel the production of
evidence, which may be directed to a person who may or may not be a party to the action.
Privileged Documents (Rule 130, Sec. 24)
1. Communication between Husband and Wife;
2. Communication between Attorney and Client;
3. Communication between Physician and Patient;
4. Communication between Priest and Penitent; and
5. Communication of Public Officers involving public interest.
Others privileged documents not mentioned by Rule 130
1. Editors may not be compelled to disclose the source of published news;
2. Voters may not be compelled to disclose for whom they voted;
3. Trade secrets;
4. Information contained in tax census returns; and
5. Bank Deposits.
PHYSICAL /MENTAL EXAMINATION OF
PERSONS
A motion must show good cause for the examination with notice to the other parties
aside from the party to be examined
This mode of discovery applies to an action in which the mental or physical condition of
a party is in controversy (Rule 28, Sec. 1). such as:
i. Annulment of a contract where the ground relied on is insanity;
ii. Petition for guardianship of a person alleged to be insane; and
iii. An action to cover damages for personal injury where the issue is the extent of
the injuries of the plaintiff.
Rights of the Examined Party and Party Causing the Examination
The examined party has the right to request the party causing the examination to be made
to deliver to him a copy of a detailed written report of the examining physician setting out
his findings and conclusions.
After such request and delivery, the party causing the examination shall be entitled, upon
request to receive from, the party examined a like report of any examination, previously
or thereafter made, of the same mental or physical condition.
If the party examined refuses to deliver the report, the court may make an order requiring
the delivery on terms as are just. If it is the physician who fails or refuses to make a
report, the court may exclude his testimony if offered in trial. (Rule 28, Sec. 3).
Waiver of Privilege
By requesting and obtaining a report of the examination or by taking the deposition of the
examiner, the party examined waives any privilege he may have in that action or any
other involving the same controversy regarding the testimony of every other person who
has examined or may thereafter examine him

CONSEQUENCES OF REFUSAL TO COMPLY
WITH MODES OF DISCOVERY
REFUSALTo answer any/all question(s) upon oral examination/ refuses to
answer question in the interrogatory (with court motion to compel an answer)
a. If a party refuses to answer any question any interrogatory, the examination may
be completed on other matters or adjourned as the proponent of the question may
prefer. (Rule 29, Sec. 1).
b. If the motion is GRANTED– the court shall require the refusing party to
answer. If the refusal to answer was without SUBSTANTIAL JUSTIFICATION,
it may require the refusing party or deponent or the counsel advising the refusal, or
both of them, to pay the proponent the amount of the reasonable expenses incurred
in obtaining the order, including attorney's fees. (Rule 29, Sec. 1)
c. If the motion is DENIED - and the court finds that the motion was filed
WITHOUT SUBSTANTIAL JUSTIFICATION, the court may require the
proponent or the counsel advising the filing of the application, or both of them, to
pay to the refusing party or deponent the amount of the reasonable expenses
incurred in opposing the application, including attorney's fees (Rule 29, Sec. 1)
If despite the court order, the party or deponent still refuses to answer, the refusal
may be considered contempt of that court (Rule 29, Sec. 2)
REFUSAL To answer a particular question, produce documents, or submit to
physical or mental examination
a. Matters, regarding which the questions were asked, shall be taken established
for purposes of the action (Rule 29, Sec 3[a])
b. The court may issue an order refusing to allow the disobedient party to support
or oppose designation claims or defenses, or presenting evidence designated
documents or physical or mental condition (Rule 29, Sec. 3[b])
c. The court may issue an order striking pleadings or part thereof, staying further
proceedings until the order is obeyed, or dismiss the complaint or part thereof, or
render the disobeying party in default (Rule 29, Sec. 3[c]) d. May direct the arrest
of the disobeying party or the agent except an order to submit to physical or
mental examination (Rule 29, Sec. 3[d])
REFUSAL TO Attend depositions or to serve any/all answer to the questions
in the interrogatories
The court may issue an order striking pleadings or part thereof, or dismiss the
complaint or part thereof, or render the disobeying party in default, or to pay the
reasonable expenses in making such proof. Including attorney’s fees. (Rule 29,
Sec. 5
REFUSAL To admit genuineness of document or truth of fact
If the requesting party later proves the genuineness of the document or truth of
fact, the court may order the refusing party to pay the reasonable expenses in
making such proof. Including attorney’s fees Unless the court finds that there were
good reasons for the denial or that admissions sought were of no substantial
importance, such order shall be issued. (Rule 29, Sec. 4
REFUSAL TO BE Sworn in or to Answer question
CONTEMPT OF COURT
7
BAR MATTER 2024
(BAR) Daribell thereafter amended the complaint anew. The amendment modified
the period covered and confirmed the partial payment of PhP110,000 but alleged
that this payment was applied to the spouses’ other existing obligations. Daribell
however reiterated that the principal amount remains unchanged.
(a) Is the request for admission deemed abandoned or withdrawn by the filing of
the second amended complaint? Yes, the request for admission is deemed
abandoned or withdrawn by the filing of the second amended complaint. The filing
of an amended complaint has the effect of superseding the original complaint.
Hence, in the eyes of the law, once an amended complaint is filed, the original
pleading is erased or not anymore in existence.
(b) Can the amendment of the complaint be allowed if it substantially alters the
cause of action? Yes, an amendment of the complaint may be allowed even if it
substantially alters the cause of action. Amendment of a complaint as provided for
in Rule 10 of the Rules of Court provides for two kinds: (1) As a matter of right,
and (2) By leave of court. In the case at bar, amendment may be made but with the
discretion of the court to allow such substantial amendment. An amendment is
substantial if it changes or alters the cause of action, which is the case at bar.
Hence, the amendment of the complaint substantially altering the cause of action
can be made with leave of court.
(BAR) Briefly explain the procedure on “Interrogatories to Parties” under Rule 25
and state the effect of failure to serve written interrogatories.
An Interrogatories to Parties as provided under Rule 25 is for the purpose of eliciting
material and relevant information from the adverse party. It is served by one party to the
other who has 10 days to file his answer from receipt thereof, who in exchange has 5 days
from receipt of answer to response, and the next response within 3 days. There is no
officer or third person that facilitates interrogatories to parties as it is the parties
themselves who files their responses. The effect of failure to serve written interrogatories
would not compel the adverse party to testify later on during trial.
(BAR) Briefly explain the procedure on “Admission by Adverse Party” under Rule
26 and the effect of failure to file and serve the request.
An Admission by Adverse Party as provided under Rule 26 is for the purpose of
admitting as to the due execution and genuineness of a particular document subject of the
action. This may be filed after issues are consolidated which means after answer is filed.
Failure to file and serve request would not allow such party to present evidence relating
to such document.
Q: Ernie filed a petition for guardianship over the person and properties of his
father, Ernesto. Upon receipt of the notice of hearing, Ernesto filed an opposition to
the petition. Ernie, before the hearing of the petition, filed a motion to order Ernesto
to submit himself for mental and physical examination which the court granted.
After Ernie's lawyer completed the presentation of evidence in support of the
petition and the court's ruling on the formal offer of evidence, Ernesto's lawyer filed
a demurrer to evidence. Ernie's lawyer objected on the ground that a demurrer to
evidence is not proper in a special proceeding. If Ernesto defies the court's order
directing him to submit to physical and mental examinations, can the court order
his arrest? (2015 Bar)
A: If the order for the conduct of physical and mental examination is issued as a mode of
discovery and Ernesto defies the said order, the court cannot validly order his arrest (Sec.
3[d], Rule 29).