This case has been cited 3 times or more.
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2015-07-29 |
BERSAMIN, J. |
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| In our view, the CA thereby grossly erred. The rules of discovery, including Section 1, Rule 27 of the Rules of Court[41] governing the production or inspection of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things not privileged, which contain or constitute evidence material to any matter involved in the action and which are in the other party’s possession, custody or control, are to be accorded broad and liberal interpretation.[42] In Republic v. Sandiganbayan, [43] the Court has dwelt on the breadth of discovery in the following tenor: What is chiefly contemplated is the discovery of every bit of information which may be useful in the preparation for trial, such as the identity and location of persons having knowledge of relevant facts; those relevant facts themselves; and the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things. Hence, the “deposition-discovery rules are to be accorded a broad and liberal treatment. No longer can the time-honored cry of ‘fishing expedition’ serve to preclude a party from inquiring into the facts underlying his opponent’s case. Mutual knowledge of all the relevant facts gathered by both parties is essential to proper litigation. To that end, either party may compel the other to disgorge whatever facts he has in his possession. The deposition-discovery procedure simply advances the stage at which the disclosure can be compelled from the time of trial to the period preceding it, thus reducing the possibility, of surprise,”... | |||||
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2008-04-30 |
NACHURA, J. |
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| The modes of discovery are accorded a broad and liberal treatment.[32] Rule 27 of the Revised Rules of Court permits "fishing" for evidence, the only limitation being that the documents, papers, etc., sought to be produced are not privileged, that they are in the possession of the party ordered to produce them and that they are material to any matter involved in the action.[33] The lament against a fishing expedition no longer precludes a party from prying into the facts underlying his opponent's case. Mutual knowledge of all relevant facts gathered by both parties is essential to proper litigation. To that end, either party may compel the other to disgorge whatever facts he has in his possession.[34] However, fishing for evidence that is allowed under the rules is not without limitations. In Security Bank Corporation v. Court of Appeals, the Court enumerated the requisites in order that a party may compel the other party to produce or allow the inspection of documents or things, viz.:(a) The party must file a motion for the production or inspection of documents or things, showing good cause therefor; | |||||
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2005-11-11 |
TINGA, J. |
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| Deposition is chiefly a mode of discovery, the primary function of which is to supplement the pleadings for the purpose of disclosing the real points of dispute between the parties and affording an adequate factual basis during the preparation for trial. It may be taken with leave of court after jurisdiction has been obtained over any defendant or over property that is the subject of the action; or, without such leave, after an answer has been served. A party's right to avail itself of this procedure is "well-nigh unrestricted" if the matters inquired into are otherwise relevant and not privileged, and the inquiry is made in good faith and within the bounds of the law. [23] Nevertheless, the use of discovery procedures is directed to the sound discretion of the trial courts,[24] which, in general, are given wide latitude in granting motions for discovery in order to enable the parties to prepare for trial or otherwise to settle the controversy prior thereto.[25] | |||||