1997 Rules on Civil Procedure Rule 27 – Production or Inspection

2001 Edition <draft copy. pls. check for errors> Of Documents or Things

Rule 27
PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS

SEC. 1. Motion for Production or inspection;

order – Upon motion of any party showing good cause
therefore, 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 intangible 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 to permit entry upon designated
land or other property in his possession for
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)

This Rule applies only to a pending action and the things or documents
subject of the motion must be only those within the possession, control, or
custody of a party.

Production of documents affords more opportunity for discovery than a

subpoena duces mecum as will be shown later when the two are distinguished.

However, the rule is not intended for use as a dragnet or any fishing
expedition.

The documents to be produced:

1. should not be privileged;
2. should constitute or contain evidence material to any matter involved in the
action, and which are in his (the party ordered's possession, custody, or control).

In a petition for the production of papers and documents they must be

sufficiently described and identified. Otherwise, the petition cannot prosper.

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1997 Rules on Civil Procedure Rule 27 – Production or Inspection
2001 Edition <draft copy. pls. check for errors> Of Documents or Things

This mode of discovery does not authorize the opposing party or the clerk or
other functionaries of the court to distrain the articles or deprive the person who
produced the same of their possession, even temporarily (Tamda vs. Aldaya, L-
13423, Nov. 23, 1959)

EXAMPLE: Harry Potter sued Voldemortz. The case involves accounting.

Voldemortz is in possession of several invoices and receipts which he would
present in trial. Harry wants to get hold of and inspect all these documents.
Since these are not actionable documents, Voldemortz is not required to show or
include them in the pleadings. No need to plead. So, Harry want to see these
books, photographs, accounts, objects which Harry know Voldemortz will
present during the trial. If Harry will ask Voldemortz to show these things, I
don't think Voldemortz will accommodate Harry.

Q: In the above example, what is the remedy of Harry?

A: Harry will apply Rule 27 by filing a motion in court stating that
Voldemortz is in the possession of such documents and Harry would like to see,
inspect or have them copied, provided they are relevant and not privileged. And
the court will issue an order directing Voldemortz on a specified time on place to
bring them for purposes of inspection, survey, copying, photocopying, etc.
Voldemortz have no choice but to show Harry all these objects.

EXAMPLE: Harry sued Voldemortz for recovery of ownership of land.

Voldemortz in possession and such is in a position to enable to properly describe
the land and all its improvements. Harry would like to see the property to
inspect and survey the same.

Q: What is Harry’s remedy?

A: File a motion in court to permit him (Harry) to enter the land for purposes
of inspecting, measuring, surveying or photographing the property. And the
court will issue an order specifying the time, place and the manner of inspection.
Now, Harry will have an access to the documents, things, land, etc. which are
under Voldemortz’s control or possession.

Q: Give the requisites of production or inspection of documents or

things (Rule 27)?
A: The following are the requisites:

1.) A motion (leave of court) must be filed by a party showing good cause
therefor;
2.) Notice of the motion must be given to all other parties;
3.) The motion must sufficiently describe the document or thing sought to
be produced or inspected;
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1997 Rules on Civil Procedure Rule 27 – Production or Inspection
2001 Edition <draft copy. pls. check for errors> Of Documents or Things

4.) The document or thing sought to be produced or inspected must

constitute or contain evidence material to the pending action;
5.) The document or thing sought to be produced or inspected must not be
privileged; and
6.) The document or thing sought to be produced or inspected must be in
the possession of the adverse party or, at least, under his control.
(Section 1, Rule 27; Lime Corp. vs. Moran, 59 Phil. 175; Alvero vs. Dizon,
76 Phil. 637)

NOTE: Rule 27 is not the same as Rule 21 on subpoena duces tecum. Therefore,
the next question is:

Q: Distinguish Production or Inspection of Documents or Things under Rule

27 from Subpoena duces tecum under Rule 21.
A: The following are the distinctions:

1.) Rule 27 is essentially a mode of discovery (simply to discover), whereas

Rule 21 on subpoena duces tecum is a means of compelling production of
evidence which must be brought to court;

2.) Rule 27 is limited to parties in the action, whereas

Rule 21 on subpoena duces tecum may be directed to any person,
whether a party or not;

3.) The order under Rule 27 is issued only upon motion with notice to the
adverse party, whereas
A subpoena duces tecum under Rule 21 may be issued upon an ex-parte
application.

Section 24 of Rule 130 draws the types of disqualifications by reason of

privileged communication, to wit:
(a) Communications between husband and wife;
(b) Communications between attorney and client;
(c) Communication between physician and patient;
(d)Communication between priest and penitent;
(e) Public officers and public interest.

There are, however, other privileged matters that are not mentioned by
Rule 130. Among them are the following:
(a) Editors may not be compelled to disclose the source of published news;
(b) Voters may not be compelled to disclose for whom they voted;
(c) Trade secrets;
(d)Information contained in tax census returns; and
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1997 Rules on Civil Procedure Rule 27 – Production or Inspection
2001 Edition <draft copy. pls. check for errors> Of Documents or Things

(e) Bank deposits.

Case:
Air Philippines vs. Pennswell, Inc. GR No. 172835, December 13, 2007

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