RULE 25

INTERROGATORIES TO PARTIES
Purpose of written interrogatories:

To elicit facts from any adverse party (answers may also be used as
admissions of the adverse party).

Written interrogatories and the answers thereto must both be filed

and served. Hence, the answers may constitute as judicial
admissions (Sec. 4, R 129)
Rule 25 should not be confused with Rule 23,
Section 25 – or Deposition Upon Written
Interrogatories
In written interrogatories under Rule 23, questions are already prepared
beforehand and they are going to be submitted to a deposition officer
who will propound the questions to the deponent and record the answers
under oath.

EXAMPLE is, if you want to take the deposition of somebody abroad

through a deposition officer abroad. Of course, it would be very expensive to
go there and conduct an oral examination. So, the best thing is to resort
to deposition upon written interrogatories under Rule 23.

That is not the same as interrogatories to parties under this rule.

We are going to distinguish one from the other later.
Interrogatories mean written questions
EXAMPLE: I file a case against Cardo. Cardo filed an answer and of
course, he has his affirmative defenses which are statements of
ultimate facts. No details, no evidentiary facts. But I am interested to
find out what are these evidentiary facts I will write a letter addressed to
Cardo under Rule 25 and direct him to answer the following
interrogatories:

According to your answer, you already paid, please answer the following
questions:
Q1: When did you pay?
Q2: Place?
Q3: Who was present when you paid?
OR…….

Q1: Mr. Frudo, you have been in continuous possession of this piece
of land for 30 years, would you kindly narrate the improvements
that you introduced in the property?

Q2: What year did you introduce them?

Q3: Who are your witnesses? etc…

Now, under Rule 25, you are obliged to answer me also in writing. Then you
sign your answer and you swear to the truth of it. So I will ask you directing
a question –
How will you prove this?
Who are your witnesses?

I will compel you to reveal the evidentiary facts. And that process is
called written interrogatories to parties. Almost the same with deposition. I
can also ask the same questions through deposition taking under Rule 23.
Why do I have to resort to Rule 25?

The trouble is under Rule 23, I need a deposition officer and I will
have to course everything to him. In Rule 25, there is no need of a
deposition officer. I will ask you a question and you will answer me. Both
are done directly. So, less expensive. But take note, under Rule 25, you
can only ask questions to your opponent. You cannot ask questions to a
stranger. Unlike in Rule 23, you can take the deposition of any person
whether a party or not. In Rule 25, the questioning is direct. Plaintiff
questions the defendant, defendant questions the plaintiff. So, these
are the differences between deposition upon written interrogatories
and interrogatories to parties.
Distinguish INTERROGATORIES TO PARTIES (Rule
25) from DEPOSITION UPON WRITTEN
INTERROGATORIES (Rule 23).
1) (Procedure) Under Rule 23 on Depositions upon written
interrogatories, the deposition is taken before a deposition officer;
whereas Under Rule 25 on Interrogatories to Parties, there is no deposition
officer;

2) (Procedure) Under Rule 23 on Depositions upon written

interrogatories, questions are prepared beforehand. They are submitted
to the deposition officer who will ask the deponent the questions and
he will record the answers.; whereas Under Rule 25 on Interrogatories
to Parties, the questioning is direct. Plaintiff questions defendant,
defendant questions the plaintiff. There is no third person who will
intervene; and
INTERROGATORIES TO PARTIES (Rule 25) VS.
DEPOSITION UPON WRITTEN INTERROGATORIES
(Rule 23).
3) (Deponent) Under Rule 23 on Depositions upon written
interrogatories, the deposition of any person may be taken,
whether he is a party or not, may be taken; whereas Rule 25 on
Interrogatories to Parties applies to parties only. You can send
interrogatories only to parties. You cannot ask question to a
stranger.

4) (Scope) Under deposition upon written interrogatories (Sec. 25 OR

23), there is direct, cross, redirect, re-cross examination but under
this rule there is only one set of interrogatories.
INTERROGATORIES TO PARTIES (Rule 25) VS.
DEPOSITION UPON WRITTEN INTERROGATORIES
(Rule 23).

5) (Period to answer) Under Rule 23, there is no fixed time while under
this rule the party concerned has 15 days to answer unless extended
or reduced by the court.
SECTION 1- INTERROGATORIES TO PARTIES;
SERVICE THEREOF

• QUESTION: Is LEAVE OF COURT necessary to apply Rule 25? Do

I have to apply for a court permission before I can send
interrogatories to parties?
ANSWER:

IT DEPENDS. The Rule says “under the same conditions specified in Section 1 of
Rule 23.” So the manner of resorting to interrogatories are done under
the same conditions for taking of depositions.

1) WITHOUT LEAVE OF COURT if an answer has already been served;

2) WITH LEAVE OF COURT if no answer has been served, although the court
has already acquired jurisdiction over the defendant. That is the same
under the rule on deposition. The reason is that, at that time, the
issues are not yet joined and the disputed facts are not yet clear.
SECTION 2- ANSWER TO INTERROGATORIES

The interrogatories shall be answered fully IN WRITING and SHALL BE

SIGNED AND SWORN TO BY THE PERSON MAKING THEM. Answers cannot
be made by an agent or attorney; answers not made by the parties
are nullities (Herrera vol. 2 p. 44)

A judgment by default may be rendered against a party who fails to

answer written interrogatories.
Section 3. Objections to interrogatories.

Objections to any interrogatories may be presented to the court

within (10) days after service thereof, with notice as in the case of
a motion; and answers shall be deferred until objections are
resolved, which shall be at as early a time as is practicable.
Scope of interrogatories

• Not limited to material or ultimate facts

• Extends to all facts , whether ultimate or evidentiary
Limitations to scope of interrogatories and
desposition-discovery rules

Those matters which are privileged.

An information that is part of the work-product of a lawyer

Does certiorari or appeal lie against order of
court denying motion to compel answer?

No. The scope of despositions and written interrogatories is limited

to matters which are not privileged and relevant to the subject
matter.

Remedy:
Question the admissibility of such interrogatories on appeal from
final judgement
Section 4. Number of interrogatories.

No party may, without leave of court, serve more than one set of
interrogatories to be answered by the same party. (4)