Anda di halaman 1dari 1

SECURITY BANK CORPORATION VS.

COURT OF APPEALS
Panganiban, J. | January 2, 2!!!
FACTS:
- Security Bank Corporation (SBC) is one of the defendants in a Civil Case for injunction and damaes!
- The Sps! "y souht to enjoin SBC from proceedin #ith the e$trajudicial foreclosure of a mortae over a piece of
land!
- %hen this #as denied& the Sps! "y filed a motion to inhi'it the jude #hich resulted in the re-rafflin of the case!
- SBC filed its ans#er #ith counterclaim and cross-claim& #hile "y filed his ans#er also #ith counterclaim and cross-
claim!
- "y filed an (mni'us )otion on the round that all documents& papers and instruments must 'e first produced 'efore
they could prepare and file their ans#ers to SBC!
- Actin on said motion& the TC ranted such and ordered SBC to produce all its documents pertainin to the
mortae!
- CA: affirmed the TC
*SS"+:
- %(, the CA erred in affirmin the rant 'y the lo#er court of the motion for the production and inspection of
documents!
-+./:
- ,(!
0AT*(:
- Section 1& 0ule 23 of the 0ules of Court allo#s the parties to& upon a sho#in of ood cause& file #ith the court to:
o (rder any party ot produce and produce the inspection and copyin of paper& 'ooks and accounts or any
matter involved in the action!
o (rder any party to permit entry upon land or property in his possession for the purpose of inspectin the
same!
- *n Republic vs. Sandiganbayan
o The court held that the said 0ule aims to ena'le the parties to inform themselves& even 'efore trial& of all
the facts relevant to the action& includin those kno#n only to the other litiants! Throuh this procedure&
civil trials should not 'e carried on in the dark!
o The deposition-discovery procedure #as desinated to remedy the conceded inade4uacy and
cum'ersomeness of the pre-trial functions of notice-ivin& issue-formulation and fact revelation therefore
performed primarily 'y the pleadins!
o The various modes or instruments of discovery are meant to serve (1) as a device to narro# and clarify the
'asic issues 'et#een the parties& and (2) as a device for ascertainin the facts relative to those issues!
- -ence& the deposition-discovery rules are to 'e accorded a 'road and li'eral treatment! ,o loner can the time-
honored cry of 5fishin e$pedition6 serve to preclude a party from in4uirin into the facts underlyin his opponent6s
case! )utual kno#lede of all the relevant facts athered 'y 'oth parties is essential to proper litiation!
- *n this case& the motion filed 'y the Sps! "y #as for a ood cause 'ecause said documents #ere necessary for a full
determination of the issues!
- SBC like#ise points out that there are 7 re4uisites to 'e complied #ith 'efore a party may 'e compelled to produce
documents for inspection& and these are:
o The party must file a motion for the production8inspection sho#in ood cause thereof!
o ,otice of the motion must 'e served to all parties!
o The motion must desinate the documents& papers& 'ooks& accounts& letters!!etc! #hich the party #ishes to
'e produced!
o Such documents are not privileed!
o Such documents constitute evidence material to any matter involved in the action!
o Such documents are in the possession& custody or control of the other party!
- SBC arues that the 7
th
re4uisite is a'sent!
- The SC held that the documents #ere relevant in that they #ere necessary so that the Sps! "y can determine #hy
SBC #as oin after their property #hich #as invalidly mortaed& #hile the properties of the actual 'orro#er& have
not 'een touched or foreclosed!

Anda mungkin juga menyukai