PHILIPPINES Law and Practice Contributed by: Leland R Villadolid J, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz (ACCRALAW)
• whether the court will set such timeframe for hear- ing regarding reception of evidence or oral argu- ments; and • whether the court will require further submissions from the parties. While there are prescribed timeframes for the resolu- tions of certain motions and applications, in practice the courts do not necessarily follow these prescribed time limits and have certain latitude in resolving them. In general, applications for a preliminary attachment or injunction are quickly attended to by the courts and in accordance with the timeframe prescribed by the Rules of Court. Motions to dismiss, judgment on the pleadings and summary judgment may take anywhere from 30 days to six months for the trial court to resolve. Other motions may take longer (even years) to resolve. Par- ties may file motions for early resolution if the applica- tion is urgent. 5. Discovery 5.1 Discovery and Civil Cases The following modes of discovery are available in civil cases: • depositions; • interrogatories to parties; • requests for admission; • production or inspection of documents or things; and • physical and mental examination of persons. These modes of discovery are principally driven by the litigants, especially the applicant, with costs incurred by them. The scope of discovery is limited to mat- ters relevant and material to the case, which are not privileged. The court may step in to limit the scope or to control the manner of conducting the discovery process, and to protect the deponent and the parties. 5.2 Discovery and Third Parties Depositions and motions for production or inspection of documents or things may be availed of, not only against the parties to the case but also against third
parties who may have personal knowledge of facts or possession of documents or things relevant to the case. The movant party may apply for the issuance of subpoenas to compel third parties to submit to dis- covery proceedings, such as the taking of depositions
and production of documents or things. 5.3 Discovery in This Jurisdiction
The Rules of Court require that, when an action or defence is based on a written instrument, the sub- stance of such instrument be set forth in the appropri- ate pleading and/or that the original or a copy thereof be attached as an exhibit. Further, the Rules of Court require that: • the parties disclose in their complaint or answer the names of their respective witnesses and the substance of their testimonies, as well as the docu- ments or things that they intend to introduce into evidence during trial; and • the sworn statements of the parties’ respective witnesses be attached to the complaint or answer – the court may not allow the presentation of wit- nesses or admission into evidence of testimonies and documentary or object evidence not identified or attached to the complaint or answer. 5.4 Alternatives to Discovery Mechanisms This topic is not applicable. 5.5 Legal Privilege The Rules of Court provide that a lawyer cannot, with- out the consent of their client, be examined as to any communication made by the client to them or as to their advice given thereon in the course of, or with a view to, professional employment. Additionally, an attorney’s secretary or clerk cannot, without the consent of the client and their employer, be examined concerning any fact where knowledge of such fact has been acquired in such capacity. It is further stated that it is the duty of a lawyer to maintain as inviolate the confidence of, and to preserve the secrets of, their client. No distinction is made between external and in-house counsel. However, it is important to recognise that an
916 CHAMBERS.COM
Powered by FlippingBook