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Q: What may the court order under this mode of discovery?

A: Upon motion of any party showing good cause therefor, the court in which an action is pending may
order any party to:

1. Produce and permit the inspection and copying or photographing, by or on behalf of the moving
party, or 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

2. Permit entry upon designated land or other property in his possession or control for the purpose of
inspecting, measuring, surveying, or photographing the property or any designated relevant object or
operation thereon (Sec. 1, Rule 27).

Q: What are the limitations on the request for production or inspection of documents or things?

A:

1. Should not be privileged; 2. Should constitute or contain evidence material to any matter involved in
the action and which are in his (the party ordered) possession, custody, or control (Sec. 1, Rule 27); and
3. In the petition, the papers and documents to be produced must be sufficiently described.

Q: What are privileged communications?

A:

1. Communication between: a. Husband and wife b. Attorney and client c. Physician and patient d. Priest
and penitent e. Public officers and public interest 2. Editors may not be compelled to disclose the source
of published news 3. Voters may not be compelled to disclose for whom they voted 4. Trade secrets 5.
Information contained in tax census returns; and 6. Bank deposits.

Q: What is the procedure to avail the production or inspection of documents or things?

A:

1. A 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. (Sec 1, Rule 27)

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. (Sec 1, Rule 27)

5. PHYSICAL AND MENTAL EXAMINATION OF PERSONS


Q: When may physical and mental examination of persons be ordered?

A: It may be ordered in an action in which the physical or mental condition of a party is in controversy
(Sec. 1, Rule 28).

Note: Since the results of the examination are intended to be made public, the same are not covered by
the physician-patient privilege.

Q: What is the procedure to avail physical and mental examination of persons?

A:

1. A motion must be filed showing good cause for the examination, with notice to the other parties as
well aside from the party to be examined. (Sec 2, Rule 28) 2. The motion shall specify the time, place,
manner, conditions and scope of the examination and by the person/s by whom it is made. (Sec 2, Rule
28) 3. The party examined may 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.
(Sec 3, Rule 28) 4. 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. (Sec 3, Rule 28)

Q: What is the effect if the party refuses to deliver the report upon request to the person causing the
examination to be made?

A: The court may order requiring the delivery on such terms as are just. (Sec 3, Rule 28)

Q: What is the effect if the physician refuses or fails to make a report?

A: The court may exclude his testimony. (Sec 3, Rule 28)

Q: What is the effect if the party examined requests and obtains a report on the results of the
examination?

A:

1. He has to furnish the other party a copy of the report of any previous or subsequent examination of
the same physical and mental condition (Sec. 3, Rule 28) 2. He 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 so examined or may thereafter examine him (Sec. 4, Rule 28).