Section

 29.   Effect  of  errors  and  irregularities  in  depositions.  ...........  8  

Table  of  Contents   RULE  24  .........................................................................................  10  

Depositions  Before  Action  or  Pending  Appeal................................  10  
RULE  23  ...........................................................................................  3   Section  1.   Depositions  before  action;  petition.  ................................  10  
Depositions  Pending  Action  .............................................................  3   Section  2.   Contents  of  petition.  .......................................................  10  
Section  1.   Depositions  pending  action,  when  may  be  taken.  .............  3   Section  3.   Notice  and  service.  .........................................................  10  
Section  2.   Scope  of  examination.  ......................................................  3   Section  4.   Order  and  examination.  ..................................................  10  
Section  3.   Examination  and  cross-­‐examination.  ................................  3   Section  5.   Reference  to  court.  .........................................................  10  
Section  4.   Use  of  depositions.  ...........................................................  3   Section  6.   Use  of  deposition.  ...........................................................  11  
Section  5.   Effect  of  substitution  of  parties.  ........................................  4   Section  7.   Depositions  pending  appeal.  ...........................................  11  
Section  6.   Objections  to  admissibility.  ...............................................  4   RULE  25  .........................................................................................  11  
Section  7.   Effect  of  taking  depositions.  ..............................................  4  
Section  8.   Effect  of  using  depositions.  ...............................................  4   Interrogatories  to  Parties  ..............................................................  11  
Section  9.   Rebutting  deposition.  .......................................................  4   Section  1.   Interrogatories  to  parties;  service  thereof.  ......................  11  
Section  10.   Persons  before  whom  depositions  may  be  taken  within   Section  2.   Answer  to  interrogatories.  ..............................................  11  
the  Philippines.  4   Section  3.   Objections  to  interrogatories.  .........................................  11  
Section  11.   Persons  before  whom  depositions  may  be  taken  in   Section  4.   Number  of  interrogatories.  .............................................  12  
foreign  countries.  ..................................................................................  5   Section  5.   Scope  and  use  of  interrogatories.  ....................................  12  
Section  12.   Commission  or  letters  rogatory.  ....................................  5   Section  6.   Effect  of  failure  to  serve  written  interrogatories.  ............  12  
Section  13.   Disqualification  by  interest.  ..........................................  5   RULE  26  .........................................................................................  12  
Section  14.   Stipulations  regarding  taking  of  depositions.  ................  5  
Section  15.   Deposition  upon  oral  examination;  notice;  time  and   Admission  by  Adverse  Party  ..........................................................  12  
place.   5   Section  1.   Request  for  admission.  ...................................................  12  
Section  16.   Orders  for  the  protection  of  parties  and  deponents.  .....  5   Section  2.   Implied  admission.  ..........................................................  12  
Section  17.   Record  of  examination,  oath;  objections.  ......................  6   Section  3.   Effect  of  admission.  ........................................................  13  
Section  18.   Motion  to  terminate  or  limit  examination.  ...................  6   Section  4.   Withdrawal.  ....................................................................  13  
Section  19.   Submission  to  witness;  changes;  signing.  ......................  7   Section  5.   Effect  of  failure  to  file  and  serve  request  for  admission.  .  13  
Section  20.   Certification,  and  filing  by  officer.  .................................  7  
RULE  27  .........................................................................................  13  
Section  21.   Notice  of  filing.  .............................................................  7  
Section  22.   Furnishing  copies.  .........................................................  7   Production  or  Inspection  of  Documents  or  Things  .........................  13  
Section  23.   Failure  to  attend  of  party  giving  notice.  ........................  7   Section  1.   Motion  for  production  or  inspection;  order.   ...................  13  
Section  24.   Failure  of  party  giving  notice  to  serve  subpoena.  ..........  7  
RULE  28  .........................................................................................  14  
Section  25.   Deposition  upon  written  interrogatories;  service  of  
notice  and  of  interrogatories.  ................................................................  8   Physical  and  Mental  Examination  of  Persons  .................................  14  
Section  26.   Officers  to  take  responses  and  prepare  record.  .............  8   Section  1.   When  examination  may  be  ordered.  ...............................  14  
Section  27.   Notice  of  filing  and  furnishing  copies.  ...........................  8   Section  2.   Order  for  examination.  ...................................................  14  
Section  28.   Order  for  the  protection  of  parties  and  deponents.  ......  8   Section  3.   Report  of  findings.  ..........................................................  14  

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 Section  4.   Waiver  of  privilege.  .........................................................  14  
RULE  29  .........................................................................................  15  
Refusal  to  Comply  with  Modes  of  Discovery  ..................................  15  
Section  1.   Refusal  to  answer.  ..........................................................  15  
Section  2.   Contempt  of  court.  .........................................................  15  
Section  3.   Other  consequences.  ......................................................  15  
Section  4.   Expenses  on  refusal  to  admit.  .........................................  16  
Section  5.   Failure  of  party  to  attend  or  serve  answers.  ....................  16  
Section  6.   Expenses  against  the  Republic  of  the  Philippines.  ...........  16  
 
 

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 RULE 23
DEPOSITIONS PENDING ACTION Section 3. Examination and cross-examination.
•   Examination and cross-examination of deponents
Section 1. Depositions pending action, when may be taken. o   may proceed as permitted at the trial
1.   By leave of court o   under sections 3 to 18 of Rule 132. (3a, R24)
o   after jurisdiction has been obtained
§   over any defendant or Section 4. Use of depositions.
§   over property which is the subject of the action, •   At the trial or upon the hearing of
2.   or without such leave 1)   a motion or
o   after an answer has been served, 2)   an interlocutory proceeding,
•   the testimony of any person, •   any part or all of a deposition,
o   whether a party or not, o   so far as admissible under the rules of evidence,
•   may be taken, •   may be used against any party
o   at the instance of any party, 1)   who was present or represented at the taking of the
o   by deposition upon oral examination or written deposition or
interrogatories. 2)   who had due notice thereof,
•   The attendance of witnesses may be compelled •   in accordance with any one of the following provisions;
o   by the use of a subpoena as provided in Rule 21.
•   Depositions shall be taken only in accordance with these Rules. a)   Any deposition may be used by any party
•   The deposition of a person confined in prison may be taken o   for the purpose of contradicting or impeaching
o   only by leave of court o   the testimony of deponent as a witness;
o   on such terms as the court prescribes. (1a, R24) b)   The deposition
1.   of a party or
Section 2. Scope of examination. 2.   of any one who at the time of taking the deposition
•   Unless otherwise ordered by the court §   was an officer, director, or managing agent
o   as provided by section 16 or 18 of this Rule, §   of a public or private corporation, partnership, or
•   the deponent may be examined regarding any matter, association which is a party
o   not privileged, o   may be used by an adverse party for any purpose;
o   which is relevant to the subject of the pending action, c)   The deposition of a witness,
o   whether relating to the claim or defense of any other o   whether or not a party,
party, o   may be used by any party for any purpose if the court
o   including the existence, description, nature, custody, finds:
condition, and location i.   that the witness is dead, or
§   of any books, documents, or other tangible things ii.   that the witness
o   and the identity and location •   resides at a distance more than one
§   of persons having knowledge of relevant facts. hundred (100) kilometers from the place
(2, R24) of trial or hearing, or

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 •   is out of the Philippines, Section 6. Objections to admissibility.
•   unless it appears that his absence was •   Subject to the provisions of section 29 of this Rule,
procured by the party offering the •   objection may be made at the trial or hearing,
deposition, or •   to receiving in evidence any deposition or part thereof
iii.   that the witness is unable to attend or testify o   for any reason which would require the exclusion of the
because of age, sickness, infirmity, or evidence
imprisonment, or o   if the witness were then present and testifying (6, R24)
iv.   that the party offering the deposition has been
unable to procure the attendance of the witness Section 7. Effect of taking depositions.
by subpoena; or •   A party shall not be deemed to make a person his own witness
v.   upon application and notice, that such for any purpose
exceptional circumstances exist as to make it o   by taking his deposition. (7, R24)
desirable, in the interest of justice and with due
regard to the importance of presenting the Section 8. Effect of using depositions.
testimony of witnesses orally in open court, to •   The introduction in evidence of the deposition or any part
allow the deposition to be used; and thereof for any purpose
d)   If only part of a deposition is offered in evidence by a party, o   other than that of contradicting or impeaching the
o   the adverse party may require him to introduce all of it deponent
§   which is relevant to the part introduced, •   makes the deponent the witness of the party introducing the
o   and any party may introduce any other parts. (4a, R24) deposition,
•   but this shall not apply
Section 5. Effect of substitution of parties. o   to the use by an adverse party of a deposition
•   Substitution of parties does not affect the right to use depositions o   as described in paragraph (b) of section 4 of this Rule.
previously taken; and, (8, R24)
o   when an action has been dismissed
o   and another action involving the same subject is Section 9. Rebutting deposition.
afterward brought •   At the trial or hearing
o   between the same parties or their representatives or o   any party may rebut any relevant evidence contained in
successors in interest, a deposition
•   all depositions o   whether introduced by him or by any other party. (9,
o   lawfully taken and duly filed R24)
o   in the former action
•   may be used in the latter Section 10. Persons before whom depositions may be taken
o   as if originally taken therefor. (5, R24) within the Philippines.
•   Within the Philippines depositions may be taken before any
1)   judge,
2)   notary public, or
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 3)   the person referred to in section 14 hereof. (10a, R24)
Section 14. Stipulations regarding taking of depositions.
Section 11. Persons before whom depositions may be taken in •   If the parties so stipulate in writing,
foreign countries. •   depositions may be taken
•   In a foreign state or country, depositions may be taken o   before any person authorized to administer oaths,
1)   on notice before o   at any time or place,
i.   a secretary of embassy or legation, o   in accordance with these Rules
ii.   consul general, •   and when so taken may be used like other depositions. (14a,
iii.   consul, R24)
iv.   vice-consul, or
v.   consular agent of the Republic of the Philippines, Section 15. Deposition upon oral examination; notice; time and
2)   before such person or officer as may be appointed place.
i.   by commission or •   A party desiring to take the deposition of any person upon oral
ii.   under letters rogatory; or examination
3)   the person referred to in section 14 hereof. (11a, R24) o   shall give reasonable notice in writing,
o   to every other party to the action.
Section 12. Commission or letters rogatory. •   The notice shall state
•   A commission or letters rogatory shall be issued 1)   the time and place for taking the deposition and
1)   only when necessary or convenient, 2)   the name and address of each person to be examined, if
2)   on application and notice, and known,
3)   on such terms, and with such direction as are just and §   and if the name is not known, a general
appropriate. description sufficient to identify him or the
•   Officers may be designated in notices or commissions particular class or group to which he belongs.
o   either by name or descriptive title •   On motion of any party upon whom the notice is served,
•   and letters rogatory may be addressed o   the court may for cause shown enlarge or shorten the
o   to the appropriate judicial authority time. (15, R24)
o   in the foreign country. (12a, R24)
Section 16. Orders for the protection of parties and deponents.
•   After notice is served for taking a deposition by oral
Section 13. Disqualification by interest. examination,
•   No deposition shall be taken before a person •   upon motion seasonably made
1)   who is a relative within the sixth degree of consanguinity o   by any party or
or affinity, or employee or counsel of any of the parties, o   by the person to be examined
or o   and for good cause shown,
2)   who is a relative within the same degree, or employee of •   the court in which the action is pending may make an order
such counsel; or 1)   that the deposition shall not be taken, or
3)   who is financially interested in the action. (13a, R24)

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 2)   that it may be taken only at some designated place other •   parties served with notice of taking a deposition
than that stated in the notice, or o   may transmit written interrogatories to the officers,
3)   that it may be taken only on written interrogatories, or o   who shall
4)   that certain matters shall not be inquired into, or i.   propound them to the witness and
5)   that the scope of the examination shall be held with no ii.   record the answers verbatim. (17, R24)
one present except the parties to the action and their
officers or counsel, or Section 18. Motion to terminate or limit examination.
6)   that after being sealed the deposition shall be opened •   At any time during the taking of the deposition,
only by order of the court, or •   on motion or petition
7)   that secret processes, developments, or research need not o   of any party or
be disclosed, or o   of the deponent,
8)   that the parties shall simultaneously file specified •   and upon a showing that the examination is being conducted
documents or information enclosed in sealed envelopes o   in bad faith or
§   to be opened as directed by the court o   in such manner as unreasonably to annoy, embarrass, or
9)   or the court may make any other order which justice oppress the deponent or party,
requires 1.   the court in which the action is pending or
§   to protect the party or witness from annoyance, 2.   the Regional Trial Court of the place where the deposition is
embarrassment, or oppression. (16a, R24) being taken
o   may order the officer conducting the examination to
Section 17. Record of examination, oath; objections. cease forthwith from taking the deposition, or
•   The officer before whom the deposition is to be taken o   may limit the scope and manner of the taking of the
1)   shall put the witness on oath and deposition, as provided in section 16 of this Rule.
2)   shall personally, or by some one acting under his •   If the order made terminates the examination,
direction and in his presence, record the testimony of the o   it shall be resumed thereafter
witness. o   only upon the order of the court in which the action is
•   The testimony shall be taken stenographically pending.
o   unless the parties agree otherwise. •   Upon demand of the objecting party or deponent,
•   All objections made at the time of the examination o   the taking of the deposition shall be suspended
1)   to the qualifications of the officer taking the deposition, o   for the time necessary to make a notice for an order.
or •   In granting or refusing such order, the court may impose
2)   to the manner of talking it, or o   upon either party or
3)   to the evidence presented, or o   upon the witness
4)   to the conduct of any party, •   the requirement to pay such costs or expenses
5)   and any other objection to the proceedings, o   as the court may deem reasonable. (18a, R24)
•   shall be noted by the officer upon the deposition.
•   Evidence objected to shall be taken subject to the objections.
•   In lieu of participating in the oral examination,

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Section 19. Submission to witness; changes; signing. •   He shall then securely seal the deposition in an envelope
•   When the testimony is fully transcribed, indorsed with the title of the action and marked "Deposition of
•   the deposition (here insert the name of witness)"
1)   shall be submitted to the witness for examination and •   and shall promptly
2)   shall be read to or by him, 1)   file it with the court in which the action is pending or
§   unless such examination and reading are waived 2)   send it by registered mail to the clerk thereof for filing.
•   by the witness and (20, R24)
•   by the parties.
•   Any changes in form or substance Section 21. Notice of filing.
o   which the witness desires to make •   The officer taking the deposition shall give prompt notice of its
o   shall be entered upon the deposition by the officer filing to all the parties. (21, R24)
o   with a statement of the reasons given by the witness for
making them. Section 22. Furnishing copies.
•   The deposition shall then be signed by the witness, unless •   Upon payment of reasonable charges therefor,
1)   the parties by stipulation waive the signing or •   the officer shall furnish a copy of the deposition
2)   the witness is ill or cannot be found or refuses to sign. 1)   to any party or
•   If the deposition is not signed by the witness, 2)   to the deponent. (22, R24)
•   the officer shall sign it and state on the record
o   the fact of the waiver or of the illness or absence of the Section 23. Failure to attend of party giving notice.
witness or •   If the party giving the notice of the taking of a deposition fails
o   the fact of the refusal to sign together with the reason be to attend and proceed therewith
given therefor, if any, •   and another attends in person or by counsel pursuant to the
•   and the deposition may then be used as fully as though signed, notice,
o   unless on a motion to suppress •   the court may order the party giving the notice to pay such other
§   under section 29 (f) of this Rule, party
o   the court holds that the reasons given for the refusal to 1)   the amount of the reasonable expenses incurred by him
sign and his counsel in so attending,
§   require rejection of the deposition 2)   including reasonable attorney's fees. (23a, R24)
§   in whole or in part. (19a, R24)
Section 24. Failure of party giving notice to serve subpoena.
Section 20. Certification, and filing by officer. •   If the party giving the notice of the taking of a deposition of a
•   The officer shall certify on the deposition witness fails to serve a subpoena upon him
1)   that the witness was duly sworn to by him and •   and the witness because of such failure does not attend,
2)   that the deposition is a true record of the testimony given •   and if another party attends in person or by counsel because he
by the witness. expects the deposition of that witness to be taken,
•   the court may order the party giving the notice to pay to such
other party
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 1)   the amount of the reasonable expenses incurred by him Section 27. Notice of filing and furnishing copies.
and his counsel in so attending, •   When a deposition upon interrogatories is filed, the officer
2)   including reasonable attorney's fees. (24a, R24) taking it shall promptly give notice thereof to all the parties, and
may furnish copies to them or to the deponent upon payment of
Section 25. Deposition upon written interrogatories; service of reasonable charges therefor. (27, R24)
notice and of interrogatories.
•   A party desiring to take the deposition of any person upon Section 28. Order for the protection of parties and deponents.
written interrogatories •   After the service of the interrogatories and
1)   shall serve them upon every other party •   prior to the taking of the testimony of the deponent,
2)   with a notice stating •   the court in which the action is pending,
i.   the name and address of the person who is to o   on motion promptly made by
answer them and i.   a party or
ii.   the name or descriptive title and address of the ii.   a deponent,
officer before whom the deposition is to be taken. o   and for good cause shown,
•   Within ten (10) days thereafter, •   may make
o   a party so served may serve cross-interrogatories o   any order specified in sections 15, 16 and 18 of this Rule
o   upon the party proposing to take the deposition. which is appropriate and just or
•   Within five (5) days thereafter, o   an order
o   the latter may serve re-direct interrogatories i.   that the deposition shall not be taken before the
o   upon a party who has served cross-interrogatories. officer designated in the notice or
•   Within three (3) days after being served with re-direct ii.   that it shall not be taken except upon oral
interrogatories, examination. (28a, R24)
o   a party may serve recross-interrogatories
o   upon the party proposing to take the deposition. (25, Section 29. Effect of errors and irregularities in depositions.
R24)
a)   As to notice. —
Section 26. Officers to take responses and prepare record. •   All errors and irregularities in the notice for taking a deposition
1.   A copy of the notice and are waived
2.   copies of all interrogatories served o   unless written objection is promptly served
o   shall be delivered by the party taking the deposition o   upon the party giving the notice.
o   to the officer designated in the notice, b)   As to disqualification of officer. —
•   who shall proceed promptly, in the manner provided by sections •   Objection to taking a deposition because of disqualification of
17, 19 and 20 of this Rule, to take the testimony of the witness the officer before whom it is to be taken is waived
in response to the interrogatories and to prepare, certify, and file 1)   unless made before the taking of the deposition begins
or mail the deposition, attaching thereto the copy of the notice 2)   or as soon thereafter as the disqualification becomes
and the interrogatories received by him. (26, R24) known or could be discovered with reasonable diligence.
c)   As to competency or relevancy of evidence.
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 •   Objections to o   with reasonable promptness after such defect is, or with
o   the competency of witness or due diligence might have been, ascertained. (29a, R24)
o   the competency, relevancy, or materiality of testimony
•   are not waived by failure to make them before or during the
taking of the deposition,
o   unless the ground of the objection is one which might
have been obviated or removed if presented at that time.
d)   As to oral examination and other particulars. —
•   Errors and irregularities occurring at the oral examination
1)   in the manner of taking the deposition,
2)   in the form of the questions or answers,
3)   in the oath or affirmation, or
4)   in the conduct of the parties
5)   and errors of any kind which might be obviated,
removed, or cured if promptly prosecuted,
•   are waived
o   unless reasonable objection thereto is made at the taking
of the deposition.
e)   As to form of written interrogatories. —
•   Objections to the form of written interrogatories submitted under
sections 25 and 26 of this Rule are waived
o   unless served in writing upon the party propounding
them
§   within the time allowed for serving succeeding
cross or other interrogatories
§   and within three (3) days after service of the last
interrogatories authorized.
f)   As to manner of preparation. —
•   Errors and irregularities in the manner in which
1)   the testimony is transcribed or
2)   the deposition is prepared, signed, certified, sealed,
indorsed, transmitted, filed,
3)   or otherwise dealt with by the officer under sections 17,
19, 20 and 26 of this Rule
•   are waived
o   unless a motion to suppress the deposition or some part
thereof is made
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 RULE 24 Section 3. Notice and service.
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL •   The petitioner shall serve
o   a notice upon each person named in the petition as an
Section 1. Depositions before action; petition. expected adverse party,
•   A person who desires to perpetuate §   together with a copy of the petition,
1)   his own testimony or o   stating that the petitioner will apply to the court,
2)   that of another person §   at a time and place named therein,
•   regarding any matter that may be cognizable in any court of the o   for the order described in the petition.
Philippines •   At least twenty (20) days before the date of the hearing,
•   may file a verified petition o   the court shall cause notice thereof to be served on the
o   in the court of the place of the residence of any expected parties and prospective deponents
adverse party. (1a R134) o   in the manner provided for service of summons. (3a,
R134)
Section 2. Contents of petition.
•   The petition shall be entitled in the name of the petitioner and Section 4. Order and examination.
shall show: •   If the court is satisfied that the perpetuation of the testimony may
a)   that the petitioner expects to be a party to an action in a court of prevent a failure or delay of justice,
the Philippines •   it shall make an order
o   but is presently unable to bring it or cause it to be 1)   designating or describing the persons whose deposition
brought; may be taken and
b)   the subject matter of the expected action and his interest therein; 2)   specifying the subject matter of the examination and
c)   the facts which he desires to establish by the proposed testimony whether the depositions shall be taken upon oral
o   and his reasons for desiring to perpetuate it; examination or written interrogatories.
d)   the names or a description of the persons he expects will be •   The depositions may be taken in accordance with Rule 23 before
adverse parties the hearing. (4a, R134)
o   and their addresses so far as known; and
e)   the names and addresses of the persons to be examined Section 5. Reference to court.
o   and the substance of the testimony which he expects to •   For the purpose of applying Rule 23 to depositions for
elicit from each, perpetuating testimony,
o   and shall ask for an order authorizing the petitioner o   each reference therein to the court in which the action is
§   to take the depositions of the persons to be pending
examined named in the petition o   shall be deemed to refer to the court in which the petition
§   for the purpose of perpetuating their testimony. for such deposition was filed. (5a, R134)
(2, R134)

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Section 6. Use of deposition. RULE 25
•   If a deposition to perpetuate testimony is taken under this Rule, INTERROGATORIES TO PARTIES
•   or if, although not so taken, it would be admissible in evidence,
•   it may be used in any action involving the same subject matter Section 1. Interrogatories to parties; service thereof.
subsequently brought •   Under the same conditions specified in section 1 of Rule 23,
o   in accordance with the provisions of sections 4 and 5 of o   any party desiring to elicit material and relevant facts
Rule 23. (6a, R134) from any adverse parties
o   shall file and serve upon the latter written interrogatories
Section 7. Depositions pending appeal. to be answered
•   If an appeal has been taken from a judgment of a court, i.   by the party served
o   including the Court of Appeals in proper cases, ii.   or, if the party served is a public or private
•   or before the taking of an appeal corporation or a partnership or association, by
o   if the time therefor has not expired, any officer thereof competent to testify in its
•   the court in which the judgment was rendered behalf. (1a)
o   may allow the taking of depositions of witnesses
o   to perpetuate their testimony for in the event of further Section 2. Answer to interrogatories.
proceedings in the said court. •   The interrogatories
•   In such case the party who desires to perpetuate the testimony 1)   shall be answered fully in writing and
o   may make a motion in the said court for leave to take the 2)   shall be signed and sworn to by the person making them.
depositions, •   The party upon whom the interrogatories have been served
o   upon the same notice and service thereof as if the action o   shall file and serve a copy of the answers on the party
was pending therein. submitting the interrogatories
•   The motion shall state o   within fifteen (15) days after service thereof
a)   the names and addresses of the persons to be examined and §   unless the court on motion and for good cause
•   the substance of the testimony which he expects to elicit from shown, extends or shortens the time. (2a)
each, and
b)   the reason for perpetuating their testimony. Section 3. Objections to interrogatories.
•   Objections to any interrogatories may be presented to the court
•   If the court finds that the perpetuation of the testimony is proper o   within ten (10) days after service thereof,
to avoid a failure or delay of justice, o   with notice as in case of a motion;
o   it may make an order allowing the deposition to be taken, •   and answers shall be deferred until the objections are resolved,
o   and thereupon the depositions may be taken and used o   which shall be at as early a time as is practicable. (3a)
§   in the same manner and
§   under the same conditions
§   as are prescribed in these Rules for depositions
taken in pending actions. (7a, R134)

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Section 4. Number of interrogatories. RULE 26
•   No party may, ADMISSION BY ADVERSE PARTY
o   without leave of court,
•   serve more than one set of interrogatories Section 1. Request for admission.
o   to be answered by the same party. (4) •   At any time after issues have been joined,
•   a party may file and serve upon any other party
Section 5. Scope and use of interrogatories. •   a written request for the admission by the latter
•   Interrogatories may relate to any matters that can be inquired 1)   of the genuineness of any material and relevant
into under section 2 of Rule 23, document described in and exhibited with the request or
•   and the answers may be used for the same purposes provided in 2)   of the truth of any material and relevant matter of fact set
section 4 of the same Rule. (5a) forth in the request.
•   Copies of the documents shall be delivered with the request
Section 6. Effect of failure to serve written interrogatories. o   unless copy have already been furnished. (1a)
•   Unless thereafter allowed by the court
o   for good cause shown and to prevent a failure of justice, Section 2. Implied admission.
•   a party not served with written interrogatories may not be •   Each of the matters of which an admission is requested shall be
compelled by the adverse party deemed admitted
1)   to give testimony in open court, or •   unless,
2)   to give a deposition pending appeal. (n) o   within a period designated in the request,
§   which shall not be less than fifteen (15) days after
service thereof,
o   or within such further time as the court may allow on
motion,
•   the party to whom the request is directed files and serves upon
the party requesting the admission
o   a sworn statement either
i.   denying specifically the matters of which an
admission is requested or
ii.   setting forth in detail the reasons why he cannot
truthfully either admit or deny those matters.

•   Objections to any request for admission shall be submitted to the

court by the party requested
o   within the period for and prior to the filing of his sworn
statement as contemplated in the preceding paragraph
o   and his compliance therewith shall be deferred
§   until such objections are resolved,
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 §   which resolution shall be made as early as RULE 27
practicable. (2a) PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

Section 3. Effect of admission. Section 1. Motion for production or inspection; order.

•   Any admission made by a party pursuant to such request •   Upon motion of any party showing good cause therefor,
o   is for the purpose of the pending action only and •   the court in which an action is pending may
o   shall not constitute an admission by him for any other a)   order any party to produce and permit the inspection and
purpose copying or photographing, by or on behalf of the moving party,
o   nor may the same be used against him in any other 1)   of any designated documents, papers, books, accounts,
proceeding. (3) letters, photographs, objects or tangible things,
2)   not privileged,
Section 4. Withdrawal. 3)   which constitute or contain evidence material to any
•   The court may allow the party making an admission under the matter involved in the action and
Rule, whether express or implied, 4)   which are in his possession, custody or control, or
o   to withdraw or amend it upon such terms as may be just. b)   order any party to permit entry upon designated land or other
(4) property
1)   in his possession or control
Section 5. Effect of failure to file and serve request for 2)   for the purpose of inspecting, measuring, surveying, or
admission. photographing the property or any designated relevant
•   Unless otherwise allowed by the court object or operation thereon.
o   for good cause shown and to prevent a failure of justice •   The order
•   a party who fails to file and serve a request for admission on the o   shall specify the time, place and manner of making the
adverse party inspection and taking copies and photographs, and
o   of material and relevant facts at issue o   may prescribe such terms and conditions as are just. (1a)
o   which are, or ought to be, within the personal knowledge
of the latter,
•   shall not be permitted to present evidence on such facts. (n)

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 RULE 28 o   the court on motion and notice may make an order
PHYSICAL AND MENTAL EXAMINATION OF PERSONS requiring delivery on such terms as are just,
o   and if a physician fails or refuses to make such a report
Section 1. When examination may be ordered. §   the court may exclude his testimony if offered at
•   In an action in which the mental or physical condition of a party the trial. (3a)
is in controversy,
•   the court in which the action is pending Section 4. Waiver of privilege.
o   may in its discretion order him •   By requesting and obtaining a report of the examination so
o   to submit to a physical or mental examination by a ordered or
physician. (1) •   by taking the deposition of the examiner,
•   the party examined waives any privilege he may have
Section 2. Order for examination. o   in that action or any other involving the same
•   The order for examination may be made controversy,
1)   only on motion •   regarding the testimony of every other person
2)   for good cause shown and o   who has examined or may thereafter examine him
3)   upon notice o   in respect of the same mental or physical examination.
i.   to the party to be examined and (4)
ii.   to all other parties,
•   and shall specify
1)   the time, place, manner, conditions and scope of the
examination and
2)   the person or persons by whom it is to be made. (2)

Section 3. Report of findings.

•   If requested by the party examined,
•   the party causing the examination to be made
o   shall deliver to him a copy of a detailed written report of
the examining physician
o   setting out his findings and conclusions.
•   After such request and delivery,
o   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,

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 RULE 29
REFUSAL TO COMPLY WITH MODES OF DISCOVERY Section 2. Contempt of court.
•   If a party or other witness
Section 1. Refusal to answer. 1)   refuses to be sworn or
•   If a party or other deponent refuses to answer any question upon 2)   refuses to answer any question after being directed to do
oral examination, so
o   the examination may be §   by the court of the place in which the deposition
i.   completed on other matters or is being taken,
ii.   adjourned •   the refusal may be considered a contempt of that court. (2a)
o   as the proponent of the question may prefer.
•   The proponent may thereafter apply to the proper court Section 3. Other consequences.
o   of the place where the deposition is being taken, •   If any party or an officer or managing agent of a party refuses to
o   for an order to compel an answer. obey
•   The same procedure may be availed of when a party or a witness 1)   an order made under section 1 of this Rule requiring him
o   refuses to answer any interrogatory submitted under to answer designated questions, or
Rules 23 or 25. 2)   an order under Rule 27
§   to produce any document or other thing for
•   If the application is granted, inspection, copying, or photographing or to
o   the court shall require the refusing party or deponent to permit it to be done, or
answer the question or interrogatory §   to permit entry upon land or other property or
•   and if it also finds that the refusal to answer was without 3)   an order made under Rule 28 requiring him to submit to
substantial justification, a physical or mental examination,
o   it may require the refusing party or deponent or the •   the court may make such orders in regard to the refusal as are
counsel advising the refusal, or both of them, just, and among others the following:
o   to pay the proponent
i.   the amount of the reasonable expenses incurred a)   An order that
in obtaining the order, 1)   the matters regarding which the questions were asked, or
ii.   including attorney's fees. 2)   the character or description of the thing or land, or
3)   the contents of the paper, or
•   If the application is denied and the court finds that it was filed 4)   the physical or mental condition of the party, or
without substantial justification, 5)   any other designated facts
o   the court may require the proponent or the counsel o   shall be taken to be established
advising the filing of the application, or both of them, §   for the purposes of the action
o   to pay to the refusing party or deponent §   in accordance with the claim of the party
i.   the amount of the reasonable expenses incurred obtaining the order;
in opposing the application,
ii.   including attorney's fees. (1a)

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 b)   An order o   that admissions sought were of no substantial
1)   refusing to allow the disobedient party to support or importance,
oppose designated claims or defenses or •   such order shall be issued. (4a)
2)   prohibiting him
i.   from introducing in evidence designated Section 5. Failure of party to attend or serve answers.
documents or things or items of testimony, or •   If a party or an officer or managing agent of a party
ii.   from introducing evidence of physical or mental o   wilfully fails to appear before the officer who is to take
condition; his deposition,
c)   An order §   after being served with a proper notice, or
1)   striking out pleadings or parts thereof, or o   fails to serve answers to interrogatories submitted under
2)   staying further proceedings until the order is obeyed, or Rule 25
3)   dismissing the action or proceeding or any part thereof, §   after proper service of such interrogatories,
or •   the court on motion and notice,
4)   rendering a judgment by default against the disobedient 1)   may strike out all or any part of any pleading of that
party; and party, or
d)   In lieu of any of the foregoing orders or in addition thereto, 2)   dismiss the action or proceeding or any part thereof, or
o   an order directing the arrest of any party or agent of a 3)   enter a judgment by default against that party, and
party for disobeying any of such orders 4)   in its discretion, order him
§   except an order to submit to a physical or mental i.   to pay reasonable expenses incurred by the other,
examination. (3a) ii.   including attorney's fees. (5)

Section 4. Expenses on refusal to admit. Section 6. Expenses against the Republic of the Philippines.
•   If a party after being served with a request under Rule 26 to •   Expenses and attorney's fees are not to be imposed upon the
admit Republic of the Philippines under this Rule. (6)
1)   the genuineness of any document or
2)   the truth of any matter of fact  
•   serves a sworn denial thereof and
•   if the party requesting the admissions thereafter proves
1)   the genuineness of such document or
2)   the truth of any such matter of fact,
•   he may apply to the court for an order
1)   requiring the other party to pay him the reasonable
expenses incurred in making such proof,
2)   including attorney's fees.
•   Unless the court finds
o   that there were good reasons for the denial or

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