SOLIDBANK V. GATEWAY (REMEDIAL)

Section 1, Rule 27 of the Rules of Court provides the mechanics for the production of documents ans the inspection of the things during the pendency of a case. It also deals with the inspection of sources of evidence other than documents, such as land or other property in the possession or control of the other party.

The MODES OF DISCOVERY are accorded a broad and liberal treatment. Rule 27 of the Revised Rules of Court permits "fishing" for evidence, the only limitation being that the documents, papers, etc., sought to be produced are not privileged, that they are in the possession of the party ordered to produce them and that they are material to any matter involved in the action. The lament against a fishing expedition no longer precluded a party from prying into the facts underlying his opponent's case. Mutual knowledge of all either party may compel the other to disgorge whatever facts he has in his possession. However, fishing for evidence that is allowed under the rules is not without limitations. In Security Bank v. CA, the Court enumerated the requisites in order that a party may compel the other party to produce or allow the inspection of documents or things, viz:

1. the party must file a motion for the production or inspection of documents or things, showing good cause therefor;
2. notice of the motion must be served to all other parties of the case;
3. the motion must designate the documents, papers, books, or tangible things which the party wishes to be produced and inspected;
4. such documents, etc, are not privileged;
5. such documents, etc. are in the possession, custody, or control of the other party.

Solidbank was able to show good cause for the production of the documents. It had also shown that said documents are material or contain evidence relevant to an issue involved in the action. However, Solidbank's motion was fatally defective and must be struck down because of its failure to specify with particularity the documents it requires Gateway to produce. Solidbank's motion for production and inspection of documents called for a blanket inspection. Solidbank's request for inspection of "all documents pertaining to, arising from, in connection with or involving the Back-end Services Agreement" was simply too broad and too generalized in scope.

The trial court committed grave abuse of discretion in issuing the aforesaid order. It is not fair to penalize Gateway for not complying with the request of Solidbank for the production and inspection of documents, considering that the documents sought were not particularly described. Gateway and its officers can only be held liable for unjust refusal to comply with the modes of discovery if it is shown that the documents sought to be produced were specifically described, material to the action and in the possession, custody, or control of Gateway.

Neither can it be said that Gateway did not exert effort in complying with the order for production and inspection of documents since it presented the invoices representing the billings sent by Gateway in relation to the Back-end Services Agreement. Good faith effort to produce the required documents must be accorded to Gateway, absent any finding that it acted willfully, in bad faith or was at fault in failing to produce to documents sought to be produced.