1997 Rules on Civil Procedure 2001 Edition <draft copy. pls.

check for errors>

PHYSICAL AN

Rule 28 Physical and Mental Examination of Persons

Rule 28 !"N#AL "$A!INA#I%N %& P"RS%NS

This is the fifth and last mode of discovery. So in order to even things, I will have to request you to submit to a neutral doctor or psychiatrist for a physical or mental examination. So the court will issue an order. Konti man lang ang kasong ganito. or example, damage suit in damage cases, the plaintiff may be exaggerating his in!uries. The only way to confirm it is to have another doctor examine him to find out whether his in!ury is really genuine or sinadya may be for the purpose of securing a bigger mount of damages. "emember the !oke which we mentioned in #vidence about the plaintiff who met an accident na na$dislocate yung shoulder, so permanent ang in!ury. So when he testified in court, he was asked to raise his arm % higher, higher please& 'o more % the in!ury is permanent. Sabi ng court, (So that was after the accident. )hat about before the in!ury* +ow high can you raise you arm*, -, ganito o& So there is no more need for a physical examination because he has already demonstrated it .he was !ust exaggerating his in!ury/. S"C. '. When Examination may be ordered ( I) a) act*o) *) +h*ch the ,e)tal or phys*cal co)d*t*o) of a party *s *) co)tro-ersy. the court *) +h*ch the act*o) *s pe)d*)/ ,ay *) *ts d*scret*o) order h*, to su0,*t a phys*cal or ,e)tal e1a,*)at*o) 0y a phys*c*a) 2'3 S"C. 2. Order for examination ( #he order for e1a,*)at*o) ,ay 0e ,ade o)ly upo) ,ot*o) for /ood cause sho+) a)d upo) )ot*ce to the party to 0e e1a,*)ed a)d to all other part*es. a)d shall spec*fy the t*,e. place. ,a))er. co)d*t*o)s. a)d scope of the e1a,*)at*o) a)d the perso) or perso)s 0y +ho, *t *s to 0e ,ade. 223 "ule 01 applies in all actions where the mental or physical condition of a party is in question or controversy. EXAMPLES2 a./ annulment of marriage on the ground psychological incapacity. 3nder the amily 4ode, however, the state of psychological incapacity must not have been existing only now for the first time. It must have existed at the time of the marriage5 b./ annulment of marriage on the ground of impotency. The court can issue an order to sub!ect the party to undergo physical or medical examination by a doctor to test whether the allegation is true or not5 c./ annulment of contract on the ground of insanity at the time of execution .lack of consent/5 d./ 6hysical disability due to quasi$delicts .e.g. vehicular accident/. If I am the defendant and I believe that you are merely exaggerating the extent of your in!ury so that your claim for damages will be higher, and diskumpiyado ako sa doctor mo, I will ask the court to issue an order for you to undergo physical examination by another doctor, so that we will know whether your claim is really valid or not. 72 8ive the requisites of physical and mental examination of persons under "ule 012 -2 The following are the requisites2 9./ The physical or mental condition must be a sub!ect of controversy of the action5 0./ - motion showing good cause must be filed5 and :./ 'otice of the motion must be given to the party to be examined and to all other parties.

Lakas Ate)*sta
Ate)eo de a-ao 4)*-ers*ty Colle/e of La+

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1997 Rules on Civil Procedure 2001 Edition <draft copy. pls. check for errors>

Rule 28 Physical and Mental Examination of Persons

Sec. 5. Report of findings. 6 If re7uested 0y the party e1a,*)ed. the party caus*)/ the e1a,*)at*o) to 0e ,ade shall del*-er to h*, a copy of a deta*led +r*tte) report of the e1a,*)*)/ phys*c*a) sett*)/ out h*s f*)d*)/s a)d co)clus*o)s. After such re7uest a)d del*-ery. the party caus*)/ the e1a,*)at*o) to 0e ,ade shall 0e e)t*tled upo) re7uest to rece*-e fro, the party e1a,*)ed a l*ke report of a)y e1a,*)at*o). pre-*ously or thereafter ,ade. of the sa,e ,e)tal or phys*cal co)d*t*o). If the party e1a,*)ed refuses to del*-er such report. the court o) ,ot*o) a)d )ot*ce ,ay ,ake a) order re7u*r*)/ del*-ery o) such ter,s as are 8ust. a)d *f a phys*c*a) fa*ls or refuses to ,ake such a report the court ,ay e1clude h*s test*,o)y *f offered at the tr*al. 25a3 Sec. 9. Waiver of privilege. 6 :y re7uest*)/ a)d o0ta*)*)/ a report of the e1a,*)at*o) so ordered or 0y tak*)/ the depos*t*o) of the e1a,*)er. the party e1a,*)ed +a*-es a)y pr*-*le/e he ,ay ha-e *) that act*o) or a)y other *)-ol-*)/ the sa,e co)tro-ersy. re/ard*)/ the test*,o)y of e-ery other perso) +ho has e1a,*)ed or ,ay thereafter e1a,*)e h*, *) respect of the sa,e ,e)tal or phys*cal e1a,*)at*o). 293 Example ;aya is sub!ected to examination by a doctor upon motion by <ino under "ule 01. So ;aya asks for a copy of the finding after examination. )hen ;aya asks for the finding, <ino can also ask for ;aya=s examination by the personal doctor of ;aya, previously made or thereafter. The doctor cannot be compelled to relay what the patient told her. So if the doctor refuses to deliver such report, then under Section :, he cannot testify. +e cannot give evidence. -lso, once a party asks for a report of the examination, he automatically waives the privilege of physician$patient relationship. So if <ino does not want to waive the privilege, he should not ask a copy of the report of the physician. 72 8oing back to the different modes of discovery, when is leave of court required* 'ot required* -2 In the following cases2 9./ <epositions % pending action, no answer filed yet % pending action, answer filed already % before action or pending appeal "#73I"#< '>T "#73I"#< "#73I"#< "#73I"#< '>T "#73I"#< '>T "#73I"#< "#73I"#< "#73I"#<

0./ Interrogatories % no answer filed yet % answer filed already :./ "equest for admission ?./ 6roduction or Inspection of <ocuments or Things @./ 6hysical and ;ental #xamination of 6ersons

Lakas Ate)*sta
Ate)eo de a-ao 4)*-ers*ty Colle/e of La+

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