1997 Rules on Civil Procedure Rule 27 Production or Inspection

2001 Edition <draft copy. pls. check for errors> Of Documents or Things

Rule 27 Q: In the above example, what is the remedy

PRODUCTION OR INSPECTION OF Production of documents affords more of Harry?
DOCUMENTS OR THINGS opportunity for discovery than a subpoena A: Harry will apply Rule 27 by filing a motion in
duces mecum as will be shown later when court stating that Voldemortz is in the possession of
the two are distinguished. such documents and Harry would like to see, inspect
SEC. 1. Motion for or have them copied, provided they are relevant and
Production or inspection; order However, the rule is not intended for not privileged. And the court will issue an order
Upon motion of any party use as a dragnet or any fishing expedition. directing Voldemortz on a specified time on place to
showing good cause therefore, bring them for purposes of inspection, survey,
the court in which an action is The documents to be produced: copying, photocopying, etc. Voldemortz have no
pending may (a) Order any 1. should not be privileged; choice but to show Harry all these objects.
party to produce and permit 2. should constitute or contain
the inspection and copying or evidence material to any matter involved in EXAMPLE: Harry sued Voldemortz for recovery
photographing by or on behalf the action, and which are in his (the party of ownership of land. Voldemortz in possession and
of the moving party, of any ordered's possession, custody, or control). such is in a position to enable to properly describe
designated documents, papers, the land and all its improvements. Harry would like to
books, accounts, letters, In a petition for the production of see the property to inspect and survey the same.
photographs, objects or papers and documents they must be
intangible things, not sufficiently described and identified. Q: What is Harrys remedy?
privileged which constitute or Otherwise, the petition cannot prosper. A: File a motion in court to permit him (Harry)
contain evidence material to to enter the land for purposes of inspecting,
any matter involved in the This mode of discovery does not measuring, surveying or photographing the property.
action and which are in his authorize the opposing party or the clerk or And the court will issue an order specifying the time,
possession, custody or control; other functionaries of the court to distrain the place and the manner of inspection. Now, Harry will
or (b) Order any party to articles or deprive the person who produced have an access to the documents, things, land, etc.
permit entry upon designated the same of their possession, even which are under Voldemortzs control or possession.
land or other property in his temporarily (Tamda vs. Aldaya, L-13423, Nov.
possession for control for the 23, 1959)
purpose of inspecting, Q: Give the requisites of
measuring, surveying or EXAMPLE: Harry Potter sued production or inspection of documents
photographing the property or Voldemortz. The case involves accounting. or things (Rule 27)?
any designated relevant object Voldemortz is in possession of several A: The following are the requisites:
or operation thereon. The invoices and receipts which he would present
order shall specify the time, in trial. Harry wants to get hold of and 1.) A motion (leave of court) must be
place and manner of making inspect all these documents. Since these are filed by a party showing good
the inspection and taking not actionable documents, Voldemortz is not cause therefor;
copies and photographs, and required to show or include them in the 2.) Notice of the motion must be
may prescribe such terms and pleadings. No need to plead. So, Harry want given to all other parties;
conditions as are just (1a) to see these books, photographs, accounts, 3.) The motion must sufficiently
objects which Harry know Voldemortz will describe the document or thing
present during the trial. If Harry will ask sought to be produced or
This Rule applies only to a pending action and the Voldemortz to show these things, I don't inspected;
things or documents subject of the motion must be only think Voldemortz will accommodate Harry. 4.) The document or thing sought to
those within the possession, control, or custody of a party. be produced or inspected must

Lakas Atenista 28
Ateneo de Davao University College of Law
1997 Rules on Civil Procedure Rule 27 Production or Inspection
2001 Edition <draft copy. pls. check for errors> Of Documents or Things

constitute or contain evidence material to (a) Communications between

the pending action; husband and wife;
5.) The document or thing sought to be (b) Communications between
produced or inspected must not be attorney and client;
privileged; and (c) Communication between
6.) The document or thing sought to be physician and patient;
produced or inspected must be in the (d) Communication between priest
possession of the adverse party or, at and penitent;
least, under his control. (Section 1, Rule (e) Public officers and public interest.
27; Lime Corp. vs. Moran, 59 Phil. 175;
Alvero vs. Dizon, 76 Phil. 637) There are, however, other
privileged matters that are not
mentioned by Rule 130. Among
NOTE: Rule 27 is not the same as Rule 21 on them are the following:
subpoena duces tecum. Therefore, the next question is: (a) Editors may not be
compelled to disclose the
Q: Distinguish Production or Inspection of Documents source of published news;
or Things under Rule 27 from Subpoena duces tecum under (b) Voters may not be
Rule 21. compelled to disclose for
A: The following are the distinctions: whom they voted;
(c) Trade secrets;
1.) Rule 27 is essentially a mode of discovery (d) Information contained in
(simply to discover), whereas tax census returns; and
Rule 21 on subpoena duces tecum is a (e) Bank deposits.
means of compelling production of
evidence which must be brought to Case:
court; Air Philippines vs. Pennswell, Inc. GR No.
172835, December 13, 2007
2.) Rule 27 is limited to parties in the action,
whereas
Rule 21 on subpoena duces tecum may
be directed to any person, whether
a party or not;

3.) The order under Rule 27 is issued

only upon motion with notice to the
adverse party, whereas
A subpoena duces tecum under Rule 21
may be issued upon an ex-parte
application.

Section 24 of Rule 130 draws the types of

disqualifications by reason of privileged communication, to
wit:

Lakas Atenista 29
Ateneo de Davao University College of Law