PHILIPPINES Law and Practice Contributed by: Leland R Villadolid Jr, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz
5.3 Discovery in This Jurisdiction The Rules of Court require that, when an action or defence is based on a written instrument, the substance of such instrument be set forth in the appropriate 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 witness- es and the substance of their testimonies, as well as the documents or things they intend to introduce into evidence during trial; and • the sworn statements of the parties’ respec- tive witnesses be attached to the complaint or answer – the court may not allow the presentation of witnesses 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, without 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 can- not, without the consent of the client and their employer, be examined concerning any fact knowledge of which 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.
from 30 days to six months for the trial court to resolve. Other motions may take longer (even years) to resolve. Parties may file motions for early resolution if the application is urgent. 5. Discovery 5.1 Discovery and Civil Cases The following modes of discovery are available • 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 matters relevant and material to the case, which are not privileged. The court may step in to limit the scope or to control the man- ner 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 sub- poenas to compel third parties to submit to dis- covery proceedings, such as the taking of depo- sitions and production of documents or things. in civil cases: • depositions;
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