Civil Procedure: Rule 25 Interrogatories to
Parties
Section 1. Interrogatories to parties; service thereof. – Under the same conditions
specified in section 1 of Rule 23, any party desiring to elicit material and relevant facts
from any adverse parties shall file and serve upon the latter written interrogatories to be
answered by the party served or, fi the party served is a public or private corporation or a
partnership or association, by any officer thereof competent to testify in its behalf.
Section 2. Answer to interrogatories. – The interrogatories shall be answered fully in
writing and shall be signed and sworn t 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,
unless the court on motion and for good cause shown extends or shortens the time.
Section 3. Objections to interrogatories. – Objections to any interrogatories may be
presented to the court within ten (10) days after service thereof, with notice as in case of a
motion; and answers shall be deferred until the objections are resolved which shall be at
as early a time as is practicable.
Section 4. Number of interrogatoties. – No party may, without leave of court, serve
more than one set of interrogatories to be answered by the same party.
Section 5. Scope and use of interrogatories. – Interrogatories may relate to any matters
that can be inquired into under section 2 of Rule 23, and the answers may be used for the
same purposes provided in section 4 of the same Rule.
Section 6. Effect of failure to serve written interrogatories. – Unless thereafter
allowed by the court for good cause shown and to prevent a failure of justice; a party not
served with written interrogatories may now be compelled by the adverse party to give
testimony in open court; or to give a deposition pending appeal.
RULE 23
Depositions Pending Action
Section 2. Scope of examination. — Unless otherwise ordered by the court as provided by section
16 or 18 of this Rule, the deponent may be examined regarding any matter, not privileged, which is
relevant to the subject of the pending action, whether relating to the claim or defense of any other
party, including the existence, description, nature, custody, condition, and location of any books,
documents, or other tangible things and the identity and location of persons having knowledge of
relevant facts. (2, R24)
Section 4. Use of depositions. — At the trial or upon the hearing of a motion or an interlocutory
proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be
used against any party who was present or represented at the taking of the deposition or who had
due notice thereof, in accordance with any one of the following provisions;
(a) Any deposition may be used by any party for the purpose of contradicting or impeaching
the testimony of deponent as a witness;
(b) The deposition of a party or of any one who at the time of taking the deposition was an
officer, director, or managing agent of a public or private corporation, partnership, or
association which is a party may be used by an adverse party for any purpose;
(c) The deposition of a witness, whether or not a party, may be used by any party for any
purpose if the court finds: (1) that the witness is dead, or (2) that the witness resides at a
distance more than one hundred (100) kilometers from the place of trial or hearing, or is out
of the Philippines, unless it appears that his absence was procured by the party offering the
deposition, or (3) that the witness is unable to attend or testify because of age, sickness,
infirmity, or imprisonment, or (4) that the party offering the deposition has been unable to
procure the attendance of the witness by subpoena; or (5) upon application and notice, that
such exceptional circumstances exist as to make it desirable, in the interest of justice and
with due regard to the importance of presenting the testimony of witnesses orally in open
court, to allow the deposition to be used; and
(d) If only part of a deposition is offered in evidence by a party, the adverse party may
require him to introduce all of it which is relevant to the part introduced, and any party may
introduce any other parts. (4a, R24)
