RAY ANSELMO M.

LEGASPI
LL.B - IV

Interrogatories to Parties
Purpose of Interrogatories to parties (Bar 2012)
1. This mode of discovery is availed of by a party to the action for the purpose of
eliciting material and relevant facts from any adverse party (Sec. 1, Rule 25, Rules of
Court).
2. Existing rules consider this mode of discovery as important because within one day
from receipt of the complaint, the rule mandates not only the preparation of the
summons but also the issuance of an order requiring the parties to avail of
interrogatories to parties under Rule 25 and request for admission by adverse party
under Rule 26. The parties, however, may use, at their discretion, depositions under
Rule 23 or other measures under Rules 27 and 29 within five (5) days from the filing
of the answer (A.M.No. 03-1-09-SC, IA, 1, 1.1, 1.2).
Distinguished from a bill of particulars
A bill of particulars is directed to a pleading and is designed to seek for a more
definite statement or for particulars of any matter not averred with sufficient definiteness in
a pleading. (Sec. 1, Rule 12, Rules of Court). Interrogatories to parties are not directed
against a particular pleading. Instead, they seek the disclosure of all material and relevant
facts from a party (Sec.1, Rule 25, Rules of Court).
Distinguished from written interrogatories in a deposition
Written interrogatories in a deposition are not served upon the adverse party
directly. They are instead delivered to the officer designated in the notice (Sec. 26, Rule 23,
Rules of Court). The service of written interrogatories is a mode of deposition separate and
distinct from interrogatories to parties (See Sec. 1, Rule 23, Rules of Court). Interrogatories
to parties are served directly upon the adverse party (Sec. 1, Rule 25, Rules of Court).
Rule 23
To whom?

Rule 25

To parties or witnesses, any To parties, always and only to

person

How
questions

parties

Direct, cross, re-direct and

must rebe cross

Its just one set of questions to be

answered by the other party

answered?
Time to
answer
Uses

No fixed time to answer

(depends on the officer taking
the deposition
The same

15 days to respond
10 days to oppose

Procedure
1. The mode of discovery is availed of by filing and serving upon the adverse party
written interrogatories to be answered by the party served. If the party is a juridical
entity, the written interrogatories shall be answered by any of its officers competent
to testify in its behalf (Sec. 1, Rule 25, Rules of Court).
2. No party may, without leave of court, serve more than one set of interrogatories to
be answered by the same party (Sec. 4, Rule 25, Rules of Court).
3. The interrogatories shall be answered fully in writing, signed and sworn to 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. This period may, upon motion and for
good cause shown, be extended or shortened by the court (Sec. 2, Rule 25, Rules of
Court).
4. The party against whom it is directed may make objections to the interrogatories. If
he does so, said objections shall be presented to the court within ten (10) days after
service of the interrogatories. The filing of the objections shall have the effect of
deferring the filing and service of the answer to the interrogatories until the
objections are resolved (Sec. 3, Rule 25, Rules of Court).
Effect of failure to serve written interrogatories
A party not served with written interrogatories may not be compelled by the adverse
party to give testimony in open court, or give depositions pending appeal, unless allowed by
the court for good cause shown and to prevent a failure of justice (Sec. 6, Rule 25, Rules of
Court).
What is the effect of failure to
interrogatories? (Read with Rule 29)

answer

specific

questions

in

written

Not yet in default, proponent must first move to compel the other party to
answer. (Jaravata v Karolus, 2007. See Rule 29, Sec 1 & 3)
What is the effect of failure to answer ALL questions in written interrogatories?
Rule 29, Sec 5 should apply, not Rule 29, Sec 3. (Zepeda v China Banking, 2006)