Rule 9, Section 3(e) Effect of Failure to Plead

Where no defaults allowed. If the defending party in an action for

annulment or declaration of nullity of marriage or for legal separation fails to
answer, the court shall order the prosecuting attorney to investigate whether
or not a collusion between the parties exists, and if there is no collusion, to
intervene for the State in order to see to it that the evidence submitted is not
fabricated.

Rule 16, Section 4 Motion to Dismiss

Time to plead. If the motion is denied, the movant shall file his answer
within the balance of the period prescribed by Rule 11 to which he was
entitled at the time of serving his motion, but not less than five (5) days in
any event, computed from his receipt of the notice of the denial. If the
pleading is ordered to be amended, he shall file his answer within the period
prescribed by Rule 11 counted from service of the amended pleading, unless
the court provides a longer period.

Rule 12, Section 5 Bill of Particulars

Stay of period to file responsive pleading . After service of the bill of

particulars or of a more definite pleading, or after notice of denial of his
motion, the moving party may file his responsive pleading within the period
to which he was entitled at the time of filing his motion, which shall not be
less than five (5) days in any event.

Rules on Summary Procedure, Section 19

Prohibited pleadings and motions The following pleadings, motions or

petitions shall not be allowed in the cases covered by this rule.

(a) Motion to dismiss the complaint or to quash the complaint or information

except on the ground of lack of jurisdiction over the subject matter or failure
to comply with the preceding section.

(b) Motion for a bill of particulars

(c) Motion for new trial, or for reconsideration of judgment, or for reopening
of trial.

(d) Petition for relief from judgment

(e) Motion for extension of time to file pleadings, affidavits, or any other
paper

(f) Memoranda

(g) Petition for certiorari, mandamus, or prohibition against any interlocutory

order issued by the court.

(h) Motion to declare the defendant in default

 (i) Dilatory motions for postponement

(j) Reply

(k) Third-party complaints

(l) Interventions

Rule of Procedure for Small Claim Cases, Section 14

Prohibited Pleadings and Motions - The following pleadings, motions, and

petitions shall not be allowed in the cases covered by this Rule:

(a) Motion to dismiss the compliant except on the ground of lack of

jurisdiction;

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a judgement, or for

reopening of trial;

(d) Petiton for relief from judgement;

(e) Motion for extension of time to file pleadings, affidavits, or any other
paper;

(f) Memoranda;

(g) Petition for certiorari, mandamus, or prohibition against any interlocutory

order issued by the court;

(h) Motion to declare the defendant in default;

(i) Dilatory motions for postponement;

(j) Reply;

(k) Third-party complaints; and

(l) Interventions.

-----------------------------------------------------------------------------------------------

RULE 27

Production or Inspection of Documents or Things

Section 1. Motion for production or inspection ; order. Upon motion of any party
showing good cause therefor, 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 tangible 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 or 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)

RULE 28

Physical and Mental Examination of Persons

Section 1. When examination may be ordered . In an action in which the mental

or physical condition of a party is in controversy, the court in which the action is
pending may in its discretion order him to submit to a physical or mental
examination by a physician.

Section 2. Order for examination. The order for examination may be made only
on motion for good cause shown and upon notice to the party to be examined and to
all other parties, and shall specify the time, place, manner, conditions and scope of
the examination and the person or persons by whom it is to be made.

Section 3. Report of findings. If requested by the party examined, the party

causing the examination to be made shall deliver to him a copy of a detailed written
report of the examining physician setting out his findings and conclusions. After such
request and delivery, the party causing the examination to be made shall be entitled
upon request to receive from the party examined a like report of any examination,
previously or thereafter made, of the same mental or physical condition. If the party
examined refuses to deliver such report, the court on motion and notice may make
an order requiring delivery on such terms as are just, and if a physician fails or
refuses to make such a report the court may exclude his testimony if offered at the
trial. (3a)

Section 4. Waiver of privilege. By requesting and obtaining a report of the

examination so ordered or by taking the deposition of the examiner, the party
examined waives any privilege he may have in that action or any other involving the
same controversy, regarding the testimony of every other person who has examined
or may thereafter examine him in respect of the same mental or physical
examination. (4)

-----------------------------------------------------------------------------------------------

implied waiver of physician-patient privilege

The physician-patient privilege creates a zone of privacy, intended to preclude the

humiliation of the patient that may follow the disclosure of his ailments. Indeed,
certain types of information communicated in the context of the physician-patient
relationship fall within the constitutionally protected zone of privacy, including a
patient's interest in keeping his mental health records confidential. Thus, it has been
observed that the psychotherapist-patient privilege is founded upon the notion that
certain forms of antisocial behaviour may be prevented by encouraging those in
need of treatment for emotional problems to secure the services of a
psychotherapist.

xxxx

Besides, private respondent submits that privileged communication may be waived

by the person entitled thereto, and this petitioner expressly did when she gave her
unconditional consent to the use of the psychiatric evaluation report when it was
presented to the Tribunal Metropolitanum Matrimoniale which took it into account
among others in deciding the case and declaring their marriage null and void. Private
respondent further argues that petitioner also gave her implied consent when she
failed to specifically object to the admissibility of the report in her Answer where she
merely described the evaluation report as "either unfounded or irrelevant." At any
rate, failure to interpose a timely objection at the earliest opportunity to
the evidence presented on privileged matters may be construed as an
implied waiver. (KROHN vs CA, GR No. 108854, June 14, 1994)