REPORTE DE CASO

Rule 27 applies only to a PENDING ACTION and the documentary things subject of the motion must be only WITHIN the possession, control, or custody of a party

Distinctions

PRODUCTION OR INSPECTION

OF DOCUMENTS OR THINGS SUBPOENA DUCES TECUM Essentially a mode of discovery _{production of evidence} A means of compelling

Rules is limited to the parties

of the action It may be directed to a person whether a party or not The order under this Rule is

issued only upon motion with notice to the adverse party

It may be issued upon an ex parte application The production of documents affords more opportunity for discovery than a SDT

- However, the rule is not intended to use as a dragnet or any fishing expedition

SECTION 1 - Motion for production or inspection; order. –Upon

motion of any party showing good cause therefor, the court in which an action is pending may (a) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his possession custody or control; or (b) order any party or permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon. The order shall specify the time, place and manner of making the inspection and taking copies and photographs, and may prescribe such terms and conditions as are just. (1a)

Breakdown of Provision

A. The court in which an action is pending:

1. Upon motion of any party showing good cause therefor 2. May:

a. Order any party to produce and permit the inspection and copying or photographing, (1) By or on behalf of the moving party (2) Of any designated documents, papers, books,

accounts, letters, photographs, objects or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action

(3) And which are in his possession, custody or control

b. Order any party to permit entry upon designated land or other property in his possession or control (1) For the purpose of inspecting, measuring, surveying, or photographing, property or any designated relevant object or operation thereon

3. The order:

a. Shall specify the time, place, and manner of making the inspection and taking copies and photographs, and

b. May prescribe such terms and conditions as are just

Acts Permitted under this Rule

1. Produce and permit inspection, copying or photographing of any designated papers, books of accounts, letters photographs, object or tangible things

2. Permit entry upon designated land, or other property inspecting, measuring, surveying or photographing Notes:

- In a petition for the production of papers and documents, they must be sufficiently described and identified

 Otherwise, the petition cannot prosper

- This mode of discovery does not authorize the opposing party or the clerk or other functionaries of the court to deprive the person who produced the articles of their possession, even temporarily

Production or Inspection of Documents or Things; Requisites: 1. Motion with notice to all parties showing good cause 2. Subject matter:

a. Not privileged

b. In the possession, custody, or control of party addressed

3. Description with sufficient certainty Notes:

- The subject matter constitutes or contains evidence material to any matters involved in the action

- Provision applies only in a suit pending in court

- Right generally available only as between opposing parties to an action

- Literal accuracy of description is not necessary

 Designation of documents demanded for inspection is sufficiently definite if it informs the adverse party what it is required to produce

- The rule also applies even if documents are already exhibited in court

“Good Cause” – does not relate to the substance in the documents, but to the reason for producing relevant or material matters, therein - The enforcement of the rule entails exercise of sound

judicial discretion

- The burden is on the moving party to demonstrate the need for the documents sought beyond the relevancy or materiality of the substance thereto

Test to be applied by the trial judge in determining the relevancy of documents and the sufficiency of their description is one of reasonableness and practicability

Note also that possession, custody, or control is sufficient - Need not necessarily be actual possession Safeguards

- Specify the time and place and manner upon such terms and conditions as are just

- On the ground of public policy, the rules do not authorize the production or inspection of privileged matter

- In passing on a motion for discovery of documents, the courts should be liberal in determining whether or not documents are relevant to the subject matter of action

199

- Note also that the rule is not to distrain without the knowledge of their lawful owner and possessor

Effect of Refusal

- Certiorari available - Sanctions in Sec. 3, Rule 29 - Sec. 3, Rule 17 may also apply

200