Rule 27 and 28

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RULE 27 & 28,

Rules of Court

Reporter:

Marie R. Montecillo

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RULE 27: PRODUCTION OR INSPECTION OF

DOCUMENTS OR THINGS

Section 1. Motion for production or inspection; order.

Upon motion of any party showing good cause therefor, the court in which

an action is pending may (a) order any party to produce and permit the

inspection and copying or photographing, by or on behalf of themoving party, of any designated documents, papers, books, accounts,

letters, photographs, objects or tangible things, not privileged, which

constitute or contain evidence material to any matter involved in the

action and which are in his possession, custody or control; or (b) order

any party to permit entry upon designated land or other property in hispossession or control for the purpose of inspecting, measuring,

surveying, or photographing the property or any designated relevant

object or operation thereon. 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.

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REQUISITES OF PRODUCTION OR

INSPECTION OF DOCUMENTS OR THINGS

A motion must be filed by a party showing good cause

therefore;

Notice of the motion must be given to all other parties;

The motion must sufficiently describe the document or thingsought to be produced or inspected;

The document or thing sought to be produced or inspected

must constitute or contain evidence material to the pending

action;


must not be privileged; and


must be in the possession of the adverse party or at least

under his control.

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When Does This Rule Apply?

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Example

Facts:

A sues B involving a case of collection of sum of money. A is

aware that B is in possession of several receipts which B would

present in trial. A wants to get hold of and inspect all thesedocuments, but since receipts are not actionable documents, B

is not required to show or include them in the pleadings. A

wants to see these documents because he thinks B will present

it during the trial.

Issue:

If A asks B to show these things and B refuses to

accommodate A, what can be his remedy?

A can use Rule 27 as remedy

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CASES

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Solidbank Corp. / Metrobank vs Gateway

Electronics Corp. et al. April 30, 2008

- The modes of discovery are accorded a broad and liberal treatment.

- Rule 27 of the Revised Rules of Court permits fishing for evidence, the onlylimitation being that the documents, papers, etc., sought to be produced are not

privileged, that they are in the possession of the party ordered to produce them

and that they are material to any matter involved in the action.

- Solidbanksrequest for inspection of alldocuments pertaining to, arising from, inconnection with or involving the Back-end Services Agreementwas simply too

broad and too generalized in scope.

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REQUISITES OF PRODUCTION OR

INSPECTION OF DOCUMENTS OR THINGS

A motion must be filed by a party showing good cause

therefore;

Notice of the motion must be given to all other parties;

The motion must sufficiently describe the document or thing

sought to be produced or inspected;


must constitute or contain evidence material to the pending

action;


must not be privileged; and


must be in the possession of the adverse party or at least

under his control.

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Security Bank Corp vs CA, Jan. 25, 2000

- The Court held that the said Rule (Rule 27) aims to enable the parties to

inform themselves, even before the trial, of all the facts relevant to the

action, including those known only to the other litigants. Through this

procedure, "civil trials should not be carried on in the dark.

- Indeed, the rule is that courts, in passing upon a motion for discovery,

should be liberal in determining whether the documents in question are

relevant to the subject matter of the action.

- The rule on discovery "requires the parties to play the game with cards on

the table so that the possibility of fair settlement before trial is measurably

increased."

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HOW DOES THIS RULE

DIFFER FROM RULE 21 ONSUBPOENA DUCES TECUM?

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Rule 21 vs Rule 27

Rule 21

A means of compelling

production of evidence

which must be brought tocourt

May be directed to any

person, whether a party

or not May be issued upon an

ex-parteapplication

Rule 27

Essentially a mode of

discovery (simply to

discover) Limited to parties in

action

Issued only upon motion

with notice to the adverseparty

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RULE 28: PHYSICAL AND MENTAL

EXAMINATION OF PERSONS

Section 1. When examination may be ordered.

In an action in which the mental or physical condition of a party is in

controversy, the court in which the action is pending may in its discretion

order him to submit to a physical or mental examination by a physician.

Section 2. Order for examination.

The order for examination may be made only on motion for good cause shown

and upon notice to the party to be examined and to all other parties, and

shall specify the time, place, manner, conditions and scope of the

examination and the person or persons by whom it is to be made.

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Section 3. Report of findings.

If requested by the party examined, the party causing the examination to be

made shall 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 to be made 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 such report, thecourt on motion and notice may make an order requiring delivery on such

terms as are just, and if a physician fails or refuses to make such a report

the court may exclude his testimony if offered at the trial.

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Section 4. Waiver of privilege.

By requesting and obtaining a report of the examination so ordered 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 in respect of the same mental or

physical examination.

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When Applicable?

There must be a pending

action;

A partys mental or physical

condition is in controversy

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Examples When Rule 28 is

Applicable

Annulment of marriage on the grounds of

psychological incapacity.

Annulment of marriage on the ground of

impotency

Annulment of contract on the ground of insanity atthe time of execution

Physical disability due to quasi-delict

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REQUISITES OF PHYSICAL AND MENTAL

EXAMINATION OF PERSONS (Rule 28)

The physical or mental condition must be a

subject of controversy of the action; A motion showing good cause must be filed;

and

Notice of the motion must be given to theparty to be examined and to all other parties

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WHAT ARE THE RULES GOVERNING

THE RIGHTS OF PARTIES ON THEREPORT OF THE EXAMINING

PHYSICIAN REGARDING THE

PHYSICAL OR MENTAL CONDITIONOF A PARTY EXAMINED?

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The rules are the following:

The person examined, shall upon request, be

entitled to a copy of the detailed written

report of the examining physician setting out

his findings and conclusion.

The party causing the examination to be

made shall be entitled upon request to

receive from the party examined, a like report

of any examination previously or thereafter

made, of the same physical or mental

condition

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The rules are the following: (cont.)

If the party examined refuses to deliver such

report, the court on motion and notice may make

an order requiring delivery.

The party examined who obtains a report of the

examination or takes the deposition of the

examiner waives any privilege he may have in

that action or any other action involving the samecontroversy, regarding the testimony of every

other person who has examined or may

thereafter examine him in respect of the same

mental or physical examination.

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Frequently Asked Questions

Example:

A and B was involved in a vehicular accidentwhere A sued B for damages resulting

from the accident. A presented B his

medical records which supports his claim,however B is not confident on the report

presented.

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1. Can B ask the court to issue an order for A to

undergo physical examination by another doctor?

YES

2. Can A ask for a copy of the detailed report after the

examination?YES

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3. When A asks for the findings, can B also ask for As

examination by his personal doctor of A,

previously made or thereafter?

YES

4. Once a party asks for a report of the examination,does he automatically waives the the privilege of

physician-patient relationship?

YES

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5. What happens if the doctor refuses or fail to deliver

a report even after the courts motion and notice

regarding a like report of any examinations,

previously or thereafter made of the same mental

or physical condition?

He CANNOT testify and CANNOT give

evidence.

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THANK YOU VERY MUCH!

Documents

Rule 27 and 28