RAY ANSELMO M. LEGASPILL.B - IV

Interrogatories to Parties

Purpose of Interrogatories to parties (Bar 2012)

1. This mode of discovery is availed of by a party to the action for the purpose of eliciting material and relevant facts from any adverse party (Sec. 1, Rule 25, Rules of Court).

2. Existing rules consider this mode of discovery as important because within one day from receipt of the complaint, the rule mandates not only the preparation of the summons but also the issuance of an order requiring the parties to avail of interrogatories to parties under Rule 25 and request for admission by adverse party under Rule 26. The parties, however, may use, at their discretion, depositions under Rule 23 or other measures under Rules 27 and 29 within five (5) days from the filing of the answer (A.M.No. 03-1-09-SC, IA, 1, 1.1, 1.2).

Distinguished from a bill of particulars

A bill of particulars is directed to a pleading and is designed to seek for a more definite statement or for particulars of any matter not averred with sufficient definiteness in a pleading. (Sec. 1, Rule 12, Rules of Court). Interrogatories to parties are not directed against a particular pleading. Instead, they seek the disclosure of all material and relevant facts from a party (Sec.1, Rule 25, Rules of Court).

Distinguished from written interrogatories in a deposition

Written interrogatories in a deposition are not served upon the adverse party directly. They are instead delivered to the officer designated in the notice (Sec. 26, Rule 23, Rules of Court). The service of written interrogatories is a mode of deposition separate and distinct from interrogatories to parties (See Sec. 1, Rule 23, Rules of Court). Interrogatories to parties are served directly upon the adverse party (Sec. 1, Rule 25, Rules of Court).

Rule 23 Rule 25

To whom? To parties or witnesses, any To parties, always and only to

person parties

How mustDirect, cross, re-direct and re- It’s just one set of questions to be

questions be cross answered by the other party

answered?

Time to answer

No fixed time to answer (depends on the officer taking

the deposition

15 days to respond

10 days to oppose

Uses The same

Procedure

1. The mode of discovery is availed of by filing and serving upon the adverse party written interrogatories to be answered by the party served. If the party is a juridical entity, the written interrogatories shall be answered by any of its officers competent to testify in its behalf (Sec. 1, Rule 25, Rules of Court).

2. No party may, without leave of court, serve more than one set of interrogatories to be answered by the same party (Sec. 4, Rule 25, Rules of Court).

3. The interrogatories shall be answered fully in writing, signed and sworn to by the person making them. The party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen (15) days after service thereof. This period may, upon motion and for good cause shown, be extended or shortened by the court (Sec. 2, Rule 25, Rules of Court).

4. The party against whom it is directed may make objections to the interrogatories. If he does so, said objections shall be presented to the court within ten (10) days after service of the interrogatories. The filing of the objections shall have the effect of deferring the filing and service of the answer to the interrogatories until the objections are resolved (Sec. 3, Rule 25, Rules of Court).

Effect of failure to serve written interrogatories

A party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court, or give depositions pending appeal, unless allowed by the court for good cause shown and to prevent a failure of justice (Sec. 6, Rule 25, Rules of Court).

What is the effect of failure to answer specific questions in written interrogatories? (Read with Rule 29)

Not yet in default, proponent must first move to compel the other party to answer. (Jaravata v Karolus, 2007. See Rule 29, Sec 1 & 3)

What is the effect of failure to answer ALL questions in written interrogatories?

Rule 29, Sec 5 should apply, not Rule 29, Sec 3. (Zepeda v China Banking, 2006)