1997 Rules on Civil Procedure 2001 Edition <draft copy. pls.

check for errors>

Rule 27 PRODUCTION OR INSP CTION O! DOCU" NTS OR T#IN$S

Rule 27 Production or Inspection Of Documents or Things

S C. %. Motion for Production or inspection; order & Upo' (ot)o' of a'y party sho*)'+ +ood cause therefore, the court )' *h)ch a' act)o' )s pe'd)'+ (ay -a. Order a'y party to produce a'd per()t the )'spect)o' a'd copy)'+ or photo+raph)'+ /y or o' /ehalf of the (o0)'+ party, of a'y des)+'ated docu(e'ts, papers, /ooks, accou'ts, letters, photo+raphs, o/1ects or )'ta'+)/le th)'+s, 'ot pr)0)le+ed *h)ch co'st)tute or co'ta)' e0)de'ce (ater)al to a'y (atter )'0ol0ed )' the act)o' a'd *h)ch are )' h)s possess)o', custody or co'trol2 or -/. Order a'y party to per()t e'try upo' des)+'ated la'd or other property )' h)s possess)o' for co'trol for the purpose of )'spect)'+, (easur)'+, sur0ey)'+ or photo+raph)'+ the property of a'y des)+'ated rele0a't o/1ect or operat)o' thereo'. The order shall spec)fy the t)(e, place a'd (a''er of (ak)'+ the )'spect)o' a'd tak)'+ cop)es a'd photo+raphs, a'd (ay prescr)/e such ter(s a'd co'd)t)o's as are 1ust -%a. EXAMPLE3 Harry Potter sued Voldemortz. The case involves accounting. Voldemortz is in possession of several invoices and receipts hich he ould present in trial. Harry ants to get hold of and inspect all these documents. !ince these are not actiona"le documents# Voldemortz is not re$uired to sho or include them in the pleadings. %o need to plead. !o# Harry ant to see these "oo&s# photographs# accounts# o"'ects hich Harry &no Voldemortz ill present during the trial. (f Harry ill as& Voldemortz to sho these things# ( don)t thin& Voldemortz ill accommodate Harry. *+ (n the a"ove e,ample# hat is the remedy of HarryA+ Harry ill apply .ule /0 "y filing a motion in court stating that Voldemortz is in the possession of such documents and Harry ould li&e to see# inspect or have them copied# provided they are relevant and not privileged. And the court ill issue an order directing Voldemortz on a specified time on place to "ring them for purposes of inspection# survey# copying# photocopying# etc. Voldemortz have no choice "ut to sho Harry all these o"'ects. EXAMPLE+ Harry sued Voldemortz for recovery of o nership of land. Voldemortz in possession and such is in a position to ena"le to properly descri"e the land and all its improvements. Harry ould li&e to see the property to inspect and survey the same. *+ 1hat is Harry2s remedyA+ 3ile a motion in court to permit him 4Harry5 to enter the land for purposes of inspecting# measuring# surveying or photographing the property. And the court ill issue an order specifying the time# place and the manner of inspection. %o # Harry ill have an access to the documents# things# land# etc. hich are under Voldemortz2s control or possession. *+ 6ive the re$uisites of production or inspection of documents or things 4.ule /05A+ The follo ing are the re$uisites+ 7.5 A motion 4leave of court5 must "e filed "y a party sho ing good cause therefor8 /.5 %otice of the motion must "e given to all other parties8 9.5 The motion must sufficiently descri"e the document or thing sought to "e produced or inspected8

4akas 5te')sta
5te'eo de Da0ao U')0ers)ty Colle+e of 4a*

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1997 Rules on Civil Procedure 2001 Edition <draft copy. pls. check for errors>

Rule 27 Production or Inspection Of Documents or Things

:.5 The document or thing sought to "e produced or inspected must constitute or contain evidence material to the pending action8 ;.5 The document or thing sought to "e produced or inspected must not "e privileged8 and <.5 The document or thing sought to "e produced or inspected must "e in the possession of the adverse party or# at least# under his control. 4!ection 7# .ule /08 Lime =orp. vs. Moran# ;> Phil. 70;8 Alvero vs. ?izon# 0< Phil. <905 %@TE+ .ule /0 is not the same as .ule /7 on su"poena duces tecum. Therefore# the ne,t $uestion is+ *+ ?istinguish Production or (nspection of ?ocuments or Things under .ule /0 from !u"poena duces tecum under .ule /7. A+ The follo ing are the distinctions+ 7.5 .ule /0 is essentially a mode of discovery 4simply to discover5# whereas .ule /7 on su"poena duces tecum is a means of compelling production of evidence must "e "rought to court8 hich

/.5 .ule /0 is limited to parties in the action# whereas .ule /7 on su"poena duces tecum may "e directed to any person# hether a party or not8 9.5 The order under .ule /0 is issued only upon motion ith notice to the adverse party# whereas A su"poena duces tecum under .ule /7 may "e issued upon an ex-parte application.

4akas 5te')sta
5te'eo de Da0ao U')0ers)ty Colle+e of 4a*

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