RULE 28 PHYSICAL AND MENTAL

EXAMINATION OF PERSONS
 APPLICABILITY

WHEN:
This mode of discovery applies to an action
in which the mental or physical condition of
a party is in controversy.
 ORDER FOR EXAMINATION

1. A motion must be filed showing good

cause
2. Notice to the party to be examined and to
all other parties
3. Notice shall specify time, place, manner,
conditions and scope of examination and
the person or persons by whom it is to be
made
 REPORT OF FINDINGS

1. Party examined request for detailed written

report of the examining physician
2. Party causing the examination request for a
like report of any examination
3. Court’s order for the delivery of report
4. Court’s exclusion of physicians testimony
 Physician-Patient Privilege

• Not covered by the privilege as the results of

the examination are intended to be made
public.
• The examination is not necessary to treat or
cure the patient but to assess the extent of
injury or to evaluate his physical or mental
condition.
• Physician-Patient privilege only applies to civil
cases and not to criminal cases.
 WAIVER OF PRIVILEGE

Where the party examined requests and obtains a

report on the result of the examination, the
consequences are that:
• He has to furnish the other party a copy of the
report of any previous subsequent examination of
the same physical and mental condition; and
• He waives any privilege he may have in that action
or any other involving the same controversy
regarding the testimony of any other person who
has so examined him or may thereafter examine.
 RULE ON DNA EVIDENCE
A.M. No. 06-11-5-SC

A court order may be issued for DNA testing

provided that:
o A relevant biological sample exists
o The biological sample was not tested previously
o That the DNA tests may generate new
information that may help in the resolution of the
case
• APPLICATION FOR DNA TESTING ORDER
-motu proprio
-on application of any person who has a legal
interest

• DNA TESTING ORDER

-biological samples be taken
-Impose reasonable conditions
-require all parties to the case or
proceeding to witness the DNA testing to be
conducted
POST CONVICTION DNA TESTING
-May be available without need of prior
court order prosecution of any person
convicted by final and executory
judgment

DNA TESTING RESULTS

- evaluation of the weight of matching
and mismatching DNA evidence
- in the light of the totality of the other
evidence
CONDIFENTIALITY
- General Rule: DNA profiles and all
results or other information obtained f
from DNA testing shall be confidential.
- Exception: upon order of the court
- Any persons who discloses any
information concerning a DNA profile
without the proper order from court shall
be liable for indirect contempt of court
PRESERVATION OF DNA EVIDENCE

-The trial court shall preserve the DNA evidence

in its totality.
 JURISPRUDENCE

• Beach v. Beach
• Chan vs Chan
• Lim vs CA
• Krohn vs. CA
-END-