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, if the party served is a public or private corporation or
a partnership or association, by any officer thereof competent to testify

Interrogatories written questions that are sent to the opposing party to answer.
Take note that this is one of the Modes of Discoveries, which is a device
used to obtain information about relevant matters on the case from the
adverse party in preparation for trial.
HOW?
Under the same conditions specified in Section 1 of Rule 23, any party desiring to
elicit material and relevant facts from any adverse parties
a. File and serve upon the adverse parties written interrogatories to be
answered by the party served; or
b. The party served is a public or private corporation or a partnership or
association, by any officer thereof competent to testify in its behalf.
REVIEW: What does Section 1 Rule 23 Provide?
1.
By leave of Court after jurisdiction have been obtained
over the defendant. (No answer yet has been filed)
2.
After an answer has been served, without leave of
Court.
To Judicial Entity
1. Shall be answered by officers competent to testify.
CASE: Republic vs Sandiganbayan, 204 SCRA 212, 227 (1991)
Where written interrogatories addressed only to the Presidential
Commission of Good Governance, without naming specific commissioner
or officer to whom they are propounded, this section which states that if
the party served is a public or private corporation or a partnership or
association is applied by analogy to the PCGG and the interrogatories
shall be answered by any officer of the PCGG competent to testify in its
behalf.
What if the Written Interrogatory is denied by the Court?
Remedy:

a. Appeal from adverse judgment

b. Certiorari, only when the order is patently erroneous (Ong
vs Mazo, GR No 145542, June 4, 2004)
SECTION 2. Answer to interrogatories. The interrogatories shall be
answered fully in writing and shall be signed and sworn 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,
EFFECT of Service of interrogatories:
1. Service of interrogatories upon an party has the effect of imposing on him
the obligation of answering the questions separately, and serving a copy
of the answers on the party submitting the interrogatories within fifteen
(15) days after service said interrogatories. (Gubat, pp. 315).
Answer, Requirements:
1. Fully in writing
2. Signed and sworn to by the person making it
When to file for answers:
1. File and serve for answers on the party submitting the interrogatories
within fifteen (15) days after service said interrogatories
2. Unless the court, on motion and for good cause shown, extends or
shortens the time.
SECTION 3. Objections to interrogatories. Objections to any
interrogatories maybe 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 practicable.
Objections
1. When to file: within ten (10) days after service thereof, with notice as in case
of a motion
2. Effect: Filing of answers shall be deferred until the objections are resolved,
which shall be at as early a time as practicable

SECTION 4. Number of interrogatories. No party may, without leave of

court, serve more than one set of interrogatories ti be answered by the
SECTION 5. Scope and use of interrogatories. Interrogatories may
same party.
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
the section 4 of the same Rule.
SCOPE: any matters that can be inquired into under Section 2, Rule 23
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.
USE: Section 4 of Rule 23

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
not be compelled by the adverse party to give testimony in open court,
or to give a deposition pending appeal.
RULE:
In civil
cases,
the

procedure of calling the adverse party to the witness stand is not allowed, unless
written interrogatories are first served upon the latter.
EEFECT:
1. Unless allowed by the court a party nor served with written interrogatories
may not be:
a. 1. Compelled by the adverse party to give testimony in open court
b. To give a deposition pending appeal
PURPOSE OF THE RULE:
1. To prevent fishing expeditions and needless delay. It is presumed that a party
who does not serve written interrogatories on the adverse party beforehand
will most likely be unable to elicit facts useful to its case if it later opts to call
the adverse party to the witness stand as its witness (Spouses Afulugencia vs
Metropolitan Bank and Trust Company, GR No 185145, Feb. 5, 2014).
2. To maintain order and facilitate the conduct of trial.
3. To enable the court to limit the inquiry to what is relevant, and thus prevent
the calling party from straying or harassing the adverse party when it takes
the latter to stand.

Interrogatories under Rule 25

Interrogatories under Rule 23

Persons served must be a party to the

action

The deponent need not be a party

Parties not served with written

interrogatories cannot be compelled by
the adverse party to testify in open court

Maybe compelled by coercive process to

testify

Served to adverse parties who are bound

to answer them

Filed with officer designated to take the

deposition

No examination is required as the

adverse party will answer in writing the
interrogatories

Examination and cross examination of

the deponent are to be had

Objection to the interrogatories may be

presented within 10 days from service

Substantive objection may be raised

when the deposition is offered evidence

No officer to take deposition is required

Required to be taken by a deposition

officer