Rule 28 pending may in its discretion order him to submit a physical or mental
examination by a physician (1)
PHYSICAL AND MENTAL
EXAMINATION OF PERSONS
This is the fifth and last mode of
discovery.
So in order to even things, I will have to question or controversy. EXAMPLES:
request you to submit to a neutral doctor or
psychiatrist for a physical or mental
examination. So the court will issue an order.
Konti man lang ang kasong ganito. For
example, damage suit in damage cases, the
plaintiff may be exaggerating his injuries.
The only way to confirm it is to have
another doctor examine him to find out
whether his injury is really genuine or
sinadya may be for the purpose of securing a
bigger mount of damages. Remember the joke
which we mentioned in Evidence about the
plaintiff who met an accident na na-dislocate
yung shoulder, so permanent ang injury. So
when he testified in court, he was asked to
raise his arm – higher, higher please! No more
– the injury is permanent.
Sabi ng court, “So that was after the
accident. What about before the injury? How
high can you raise you arm?” A, ganito o! So
there is no more need for a physical
examination because he has already
demonstrated it (he was just exaggerating his
injury).
SEC. 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
SEC. 2. Order for examination – The order for examination may be made
only upon 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. (2)
Rule 28 applies in all actions where the mental or physical condition of a party is in
a.) annulment of marriage on the ground psychological incapacity. Under the Family
Code, however, the state of psychological incapacity must not have been existing only
now for the first time. It must have existed at the time of the marriage;
b.) annulment of marriage on the ground of impotency. The court can issue an order to
subject the party to undergo physical or medical examination by a doctor to test
whether the allegation is true or not;
c.) annulment of contract on the ground of insanity at the time of execution (lack of
consent);
d.) Physical disability due to quasi-delicts (e.g. vehicular accident). If I am the defendant
and I believe that you are merely exaggerating the extent of your injury so that your
claim for damages will be higher, and diskumpiyado ako sa doctor mo, I will ask the
court to issue an order for you to undergo physical examination by another doctor, so
that we will know whether your claim is really valid or not.
Q: Give the requisites of physical and mental examination of persons under Rule 28:
A: The following are the requisites:
1.) The physical or mental condition must be a subject of controversy of the action;
2.) A motion showing good cause must be filed; and
3.) Notice of the motion must be given to the party to be examined and to all other
parties.
Sec. 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, the court 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. (3a)
 Sec. 4. Waiver of
privilege. - By requesting
and obtaining a report of 1.) Depositions – pending action, no answer filed yet REQUIRED
the examination so ordered – pending action, answer filed already NOT REQUIRED
or by taking the deposition – before action or pending appeal REQUIRED
of the examiner, the party
examined waives any 2.) Interrogatories – no answer filed yet REQUIRED
privilege he may have in – answer filed already NOT REQUIRED
that action or any other 3.) Request for admission NOT REQUIRED
involving the same
controversy, regarding the 4.) Production or Inspection of Documents or Things REQUIRED
testimony of every other 5.) Physical and Mental Examination of Persons REQUIRED
person who has examined or
may thereafter examine him
in respect of the same
mental or physical
examination. (4)

Example: Maya is subjected to examination

by a doctor upon motion by Dino under Rule
28. So Maya asks for a copy of the finding
after examination. When Maya asks for the
finding, Dino can also ask for Maya’s
examination by the personal doctor of Maya,
previously made or thereafter.

The doctor cannot be compelled to relay

what the patient told her. So if the doctor
refuses to deliver such report, then under
Section 3, he cannot testify. He cannot give
evidence.

Also, once a party asks for a report of the

examination, he automatically waives the
privilege of physician-patient relationship. So
if Dino does not want to waive the privilege,
he should not ask a copy of the report of the
physician.

Q: Going back to the different modes of

discovery, when is leave of court required?
Not required?
A: In the following cases: