Insular Life v.

CA

GR No. 97654; November 14, 1994

Topic: Modes of Discovery

Facts:

- Ofelia Brucal together with her daughter Donna Brucal (private respondents) claiming to
be the designated beneficiaries of Horacio Aquino, brother of Ofelia Brucal, brought an
action against Insular Life to recover from the latter the proceeds of an insurance policy
covering the life of now deceased Aquino.
- Insular life, in their answer, contended that the insurance policy was a nullity due to the
gross misrepresentation and material concealment in its procurement and that the death
of the insured was not accidental but deliberate, thereby precluding, under the terms of
the policy the recovery of the insurance proceeds.
- Insular life filed a motion for leave to file a 3rd party complaint against Ofelias husband,
Ricardo Brucal, an insurance underwriter whom Insular Life asserted that he forged, or
caused to be forged the signature of Horacio Acquino on the application for insurance
coverage.
- Trial Court granted the motion
- In the course of the proceedings, Insular Life filed a motion asking the Trial Court to
direct private respondents to produce 6 other alleged insurance policies, as well as other
related papers covering the life of Aquino and to allow the inspection of the site where
Aquino died.
o Private respondents averred that the request of Insular Life was merely designed
to delay the proceedings and just a fishing expedition.
Trial court denied such request
- Insular Life filed with the CA a petition for certiorari
o CA denied petition

Issues:

- Whether or not trial court erred in dismissing the mode of discovery which is only used to
delay a proceeding. NO

Ruling:

- SC held that while the modes of discovery are intended to attain the resolution of
litigations with great expediency, they are not contemplated to be ultimate causes of
injustice.
 o The matter of how an when the modes of discovery shall be sanction rests on the
sound discretion of the court where the case is pending, having always in mind
the paramount and overriding interest of justice
- The discovery rules can contribute in no small measure to the simplification of issues,
and in thereby hastening the disposition of cases.