RULE 23
DEPOSITIONS
PENDING ACTIONS
Section 1. Depositions pending action,
when may be taken.
By leave of
court after jurisdiction has been obtained over any defendant or over property
which is the subject of the action, or without such leave after an answer has
been served, the testimony of any person, whether a party or not, may be taken,
at the instance of any party, by deposition upon oral examination or written
interrogatories. The attendance of witnesses may be compelled by the use of a
subpoena as provided in Rule 21. Depositions shall be taken only in accordance
with these Rules. The deposition of a person confined in prison may be taken
only by leave of court on such terms as the court prescribes.
Sec. 2. Scope of examination.
Unless
otherwise ordered by the court as provided by section 16 or 18 of this Rule,
the deponent may be examined regarding any matter, not privileged, which is
relevant to the subject of the pending action, whether relating to the claim or
defense of any other party, including the existence, description, nature,
custody, condition, and location of any books, documents, or other tangible
things and the identity and location of persons having knowledge of relevant
facts.
Sec. 3. Examination and cross-examination.
Examination
and cross-examination of deponents may proceed as permitted at the trial under
sections 3 to 18 of Rule 132.
Sec. 4. Use of depositions.
At the trial
or upon the hearing of a motion or an interlocutory proceeding, any part or all
of a deposition, so far as admissible under the rules of evidence, may be used
against any party who was present or represented at the taking of the
deposition or who had due notice thereof, in accordance with any one of the
following provisions:
(a) Any
deposition may be used by any party for the purpose of contradicting or
impeaching the testimony of deponent as a witness;
(b) The deposition of a party or of
any one who at the time of taking the deposition was an officer, director, or
managing agent of a public or private corporation, partnership, or association
which is a party may be used by an adverse party for any purpose;
(c) The deposition of a witness,
whether or not a party, may be used by any party for any purpose if the court
finds: (1) that the witness is dead; or (2) that the witness resides at a
distance more than one hundred (100) kilometers from the place of trial or
hearing, or is out of the Philippines, unless it appears that his absence was
procured by the party offering the deposition; or (3) that the witness is
unable to attend or testify because of age, sickness, infirmity, or
imprisonment; or (4) that the party offering the deposition has been unable to
procure the attendance of the witness by subpoena; or (5) upon application and
notice, that such exceptional circumstances exist as to make it desirable, in
the interest of justice and with due regard to the importance of presenting the
testimony of witnesses orally in open court, to allow the deposition to be
used; and
(d) If only part of a deposition is
offered in evidence by a party, the adverse party may require him to introduce
all of it which is relevant to the part introduced, and any party may introduce
any other parts.
Sec. 5. Effect of substitution of
parties.
Substitution
of parties does not affect the right to use depositions previously taken; and,
when an action has been dismissed and another action involving the same subject
is afterward brought between the same parties or their representatives or
successors in interest, all depositions lawfully taken and duly filed in the
former action may be used in the latter as if originally taken therefor.
Sec. 6. Objections to admissibility.
Subject to the
provisions of section 29 of this Rule, objection may be made at the trial or
hearing to receiving in evidence any deposition or part thereof for any reason
which would require the exclusion of the evidence if the witness were then
present and testifying.
Sec. 7. Effect of taking depositions.
A party shall
not be deemed to make a person his own witness for any purpose by taking his
deposition.
Sec. 8. Effect of using depositions.
The
introduction in evidence of the deposition or any part thereof for any purpose
other than that of contradicting or impeaching the deponent makes the deponent
the witness of the party introducing the deposition, but this shall not apply
to the use by an adverse party of a deposition as described in paragraph (b) of
section 4 of this Rule.
Sec. 9. Rebutting deposition.
At the trial
or hearing, any party may rebut any relevant evidence contained in a deposition
whether introduced by him or by any other party.
Sec. 10. Persons before whom depositions may be taken within the
Within the
Philippines, depositions may be taken before any judge, notary public, or the
person referred to in section 14 hereof.
Sec. 11. Persons before whom depositions may be taken in foreign countries.
In a foreign
state or country, depositions may be taken (a) on notice before a secretary of
embassy or legation, consul general, consul, vice-consul, or consular agent of
the Republic of the Philippines; (b) before such person or officer as may be
appointed by commission or under letters rogatory; or (c) the person referred
to in section 14 hereof.
Sec. 12. Commission or letters rogatory.
A commission
or letters rogatory shall be issued only when necessary or convenient, on
application and notice, and on such terms and with such direction as are just
and appropriate. Officers may be designated in notices or commissions either by
name or descriptive title and letters rogatory may be addressed to the
appropriate judicial authority in the foreign country.
Sec. 13. Disqualification by interest.
No deposition
shall be taken before a person who is a relative within the sixth degree of
consanguinity or affinity, or employee or counsel of any of the parties; or who
is a relative within the same degree, or employee of such counsel; or who is
financially interested in the action.
Sec. 14. Stipulations regarding taking of depositions.
If the parties
so stipulate in writing, depositions may be taken before any person authorized
to administer oaths, at any time or place, in accordance with these Rules, and
when so taken may be used like other depositions.
Sec. 15. Deposition upon oral examination; notice; time and place.
A party
desiring to take the deposition of any person upon oral examination shall give
reasonable notice in writing to every other party to the action. The notice
shall state the time and place for taking the deposition and the name and
address of each person to be examined, if known, and if the name is not known,
a general description sufficient to identify him or the particular class or
group to which he belongs. On motion of any party upon whom the notice is
served, the court may for cause shown enlarge or shorten the time.
Sec. 16. Orders for the protection of parties and deponents.
After notice
is served for taking a deposition by oral examination, upon motion seasonably
made by any party or by the person to be examined and for good cause shown, the
court in which the action is pending may make an order that the deposition
shall not be taken, or that it may be taken only at some designated place other
than that stated in the notice, or that it may be taken only on written
interrogatories, or that certain matters shall not be inquired into, or that
the scope of the examination shall be held with no one present except the
parties to the action and their officers or counsel, or that after being sealed
the deposition shall be opened only by order of the court, or that secret
processes, developments, or research need not be disclosed, or that the parties
shall simultaneously file specified documents or information enclosed in sealed
envelopes to be opened as directed by the court; or the court may make any other
order which justice requires to protect the party or witness from annoyance,
embarrassment, or oppression.
Sec. 17. Record of examination; oath; objections.
The officer
before whom the deposition is to be taken shall put the witness on oath and
shall personally, or by some one acting under his direction and in his
presence, record the testimony of the witness. The testimony shall be taken
stenographically unless the parties agree otherwise. All objections made at the
time of the examination to the qualifications of the officer taking the
deposition, or to the manner of taking it, or to the evidence presented, or to
the conduct of any party, and any other objection to the proceedings, shall be
noted by the officer upon the deposition. Evidence objected to shall be taken
subject to the objections. In lieu of participating in the oral examination,
parties served with notice of taking a deposition may transmit written
interrogatories to the officers, who shall propound them to the witness and
record the answers verbatim.
Sec. 18. Motion to terminate or limit examination.
At any time
during the taking of the deposition, on motion or petition of any party or of
the deponent and upon a showing that the examination is being conducted in bad
faith or in such manner as unreasonably to annoy, embarrass, or oppress the
deponent or party, the court in which the action is pending or the Regional
Trial Court of the place where the deposition is being taken may order the
officer conducting the examination to cease forthwith from taking the
deposition, or may limit the scope and manner of the taking of the deposition,
as provided in section 16 of this Rule. If the order made terminates the
examination, it shall be resumed thereafter only upon the order of the court in
which the action is pending. Upon demand of the objecting party or deponent,
the taking of the deposition shall be suspended for the time necessary to make
a notice for an order. In granting or refusing such order, the court may impose
upon either party or upon the witness the requirement to pay such costs or
expenses as the court may deem reasonable.
Sec. 19. Submission to witness; changes; signing.
When the
testimony is fully transcribed, the deposition shall be submitted to the
witness for examination and shall be read to or by him, unless such examination
and reading are waived by the witness and by the parties. Any changes in form
or substance which the witness desires to make shall be entered upon the
deposition by the officer with a statement of the reasons given by the witness
for making them. The deposition shall then be signed by the witness, unless the
parties by stipulation waive the signing or the witness is ill or cannot be
found or refuses to sign. If the deposition is not signed by the witness, the
officer shall sign it and state on the record the fact of the waiver or of the
illness or absence of the witness or the fact of the refusal to sign together
with the reason given therefor, if any, and the deposition may then be used as
fully as though signed, unless on a motion to suppress under section 29 (f) of
this Rule, the court holds that the reasons given for the refusal to sign
require rejection of the deposition in whole or in part.
Sec. 20. Certification and filing by officer.
The officer
shall certify on the deposition that the witness was duly sworn to by him and
that the deposition is a true record of the testimony given by the witness. He
shall then securely seal the deposition in an envelope indorsed with the title
of the action and marked "Deposition of (here insert the name of
witness)" and shall promptly file it with the court in which the action is
pending or send it by registered mail to the clerk thereof for filing.
Sec. 21. Notice of filing.
The officer
taking the deposition shall give prompt notice of its filing to all the
parties.
Sec. 22. Furnishing copies.
Upon payment
of reasonable charges therefor, the officer shall furnish a copy of the
deposition to any party or to the deponent.
Sec. 23. Failure to attend of party giving notice.
If the party
giving the notice of the taking of a deposition fails to attend and proceed
therewith and another attends in person or by counsel pursuant to the notice,
the court may order the party giving the notice to pay such other party the
amount of the reasonable expenses incurred by him and his counsel in so
attending, including reasonable attorney’s fees.
Sec. 24. Failure of party giving notice to serve subpoena.
If the party
giving the notice of the taking of a deposition of a witness fails to serve a
subpoena upon him and the witness because of such failure does not attend, and
if another party attends in person or by counsel because he expects the
deposition of that witness to be taken, the court may order the party giving
the notice to pay to such other party the amount of the reasonable expenses
incurred by him and his counsel in so attending, including reasonable
attorney’s fees.
Sec. 25. Deposition upon written interrogatories; service of notice and of interrogatories.
A party
desiring to take the deposition of any person upon written interrogatories
shall serve them upon every other party with a notice stating the name and
address of the person who is to answer them and the name or descriptive title
and address of the officer before whom the deposition is to be taken. Within
ten (10) days thereafter, a party so served may serve cross-interrogatories
upon the party proposing to take the deposition. Within five (5) days thereafter,
the latter may serve re-direct interrogatories upon a party who has served
cross- interrogatories. Within three (3) days after being served with re-direct
interrogatories, a party may serve recross-interrogatories upon the party
proposing to take the deposition.
Sec. 26. Officers to take responses and prepare record.
A copy of the
notice and copies of all interrogatories served shall be delivered by the party
taking the deposition to the officer designated in the notice, who shall
proceed promptly, in the manner provided by sections 17, 19 and 20 of this
Rule, to take the testimony of the witness in response to the interrogatories
and to prepare, certify, and file or mail the deposition, attaching thereto the
copy of the notice and the interrogatories received by him.
Sec. 27. Notice of filing and furnishing copies.
When a
deposition upon interrogatories is filed, the officer taking it shall promptly
give notice thereof to all the parties, and may furnish copies to them or to
the deponent upon payment of reasonable charges therefor.
Sec. 28. Orders for the protection of parties and deponents.
After the
service of the interrogatories and prior to the taking of the testimony of the
deponent, the court in which the action is pending, on motion promptly made by
a party or a deponent, and for good cause shown, may make any order specified
in sections 15, 16 and 18 of this Rule which is appropriate and just or an
order that the deposition shall not be taken before the officer designated in
the notice or that it shall not be taken except upon oral examination.
Sec. 29. Effects of errors and irregularities in depositions.
(a) As to
notice.- All errors and irregularities in the notice for taking a deposition
are waived unless written objection is promptly served upon the party giving
the notice.
(b) As to disqualification of
officer.- Objection to taking a deposition because of disqualification of the
officer before whom it is to be taken is waived unless made before the taking
of the deposition begins or as soon thereafter as the disqualification becomes
known or could be discovered with reasonable diligence.
(c) As to competency or relevancy of
evidence.- Objections to the competency of a witness or the competency,
relevancy, or materiality of testimony are not waived by failure to make them
before or during the taking of the deposition, unless the ground of the
objection is one which might have been obviated or removed if presented at that
time.
(d) As to oral examination and other
particulars.- Errors and irregularities occurring at the oral examination in
the manner of taking the deposition, in the form of the questions or answers,
in the oath or affirmation, or in the conduct of the parties and errors of any
kind which might be obviated, removed, or cured if promptly prosecuted, are
waived unless reasonable objection thereto is made at the taking of the
deposition.
(e) As to form of written
interrogatories.- Objections to the form of written interrogatories submitted
under sections 25 and 26 of this Rule are waived unless served in writing upon
the party propounding them within the time allowed for serving succeeding cross
or other interrogatories and within three (3) days after service of the last
interrogatories authorized.
(f) As to manner of preparation.-
Errors and irregularities in the manner in which the testimony is transcribed
or the deposition is prepared, signed, certified, sealed, indorsed,
transmitted, filed, or otherwise dealt with by the officer under sections 17,
19, 20 and 26 of this Rule are waived unless a motion to suppress the
deposition or some part thereof is made with reasonable promptness after such
defect is, or with due diligence might have been, ascertained.
DEPOSITIONS
BEFORE ACTION OR PENDING APPEAL.
Section 1. Depositions before action;
petition.
A person who
desires to perpetuate his own testimony or that of another person regarding any
matter that may be cognizable in any court of the Philippines, may file a
verified petition in the court of the place of the residence of any expected
adverse party.
Sec. 2. Contents of petition.
The petition
shall be entitled in the name of the petitioner and shall show: (a) that the
petitioner expects to be a party to an action in a court of the Philippines but
is presently unable to bring it or cause it to be brought; (b) the subject
matter of the expected action and his interest therein; (c) the facts which he
desires to establish by the proposed testimony and his reasons for desiring to
perpetuate it; (d) the names or a description of the persons he expects will be
adverse parties and their addresses so far as known; and (e) the names and
addresses of the persons to be examined and the substance of the testimony
which he expects to elicit from each, and shall ask for an order authorizing
the petitioner to take the depositions of the persons to be examined named in
the petition for the purpose of perpetuating their testimony.
Sec. 3. Notice and service.
The petitioner
shall serve a notice upon each person named in the petition as an expected
adverse party, together with a copy of the petition, stating that the
petitioner will apply to the court, at a time and place named therein, for the
order described in the petition. At least twenty (20) days before the date of
the hearing, the court shall cause notice thereof to be served on the parties
and prospective deponents in the manner provided for service of summons.
Sec. 4. Order and examination.
If the court
is satisfied that the perpetuation of the testimony may prevent a failure or
delay of justice, it shall make an order designating or describing the persons
whose deposition may be taken and specifying the subject matter of the
examination and whether the depositions shall be taken upon oral examination or
written interrogatories. The depositions may then be taken in accordance with
Rule 23 before the hearing.
Sec. 5. Reference to court.
For the
purpose of applying Rule 23 to depositions for perpetuating testimony, each
reference therein to the court in which the action is pending shall be deemed
to refer to the court in which the petition for such deposition was filed.
Sec. 6. Use of deposition.
If a
deposition to perpetuate testimony is taken under this Rule, or if, although
not so taken, it would be admissible in evidence, it may be used in any action
involving the same subject matter subsequently brought in accordance with the
provisions of sections 4 and 5 of Rule 23.
Sec. 7. Depositions pending appeal.
If an appeal
has been taken from a judgment of a court, including the Court of Appeals in
proper cases, or before the taking of an appeal if the time therefor has not
expired, the court in which the judgment was rendered may allow the taking of
depositions of witnesses to perpetuate their testimony for use in the event of
further proceedings in the said court. In such case the party who desires to
perpetuate the testimony may make a motion in the said court for leave to take
the depositions, upon the same notice and service thereof as if the action was
pending therein. The motion shall state (a) the names and addresses of the
persons to be examined and the substance of the testimony which he expects to
elicit from each; and (b) the reason for perpetuating their testimony. If the
court finds that the perpetuation of the testimony is proper to avoid a failure
or delay of justice, it may make an order allowing the depositions to be taken,
and thereupon the depositions may be taken and used in the same manner and under
the same conditions as are prescribed in these Rules for depositions taken in
pending actions.
INTERROGATORIES
TO PARTIES
Section 1. Interrogatories to parties;
service thereof.
Under the same
conditions specified in section 1 of Rule 23, any party desiring to elicit
material and relevant facts from any adverse parties shall file and serve upon
the latter written interrogatories to be answered by the party served or, if
the party served is a public or private corporation or a partnership or
association, by any officer thereof competent to testify in its behalf.
Sec. 2. Answer to interrogatories.
The
interrogatories shall be answered fully in writing and shall be 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,
unless the court, on motion and for good cause shown, extends or shortens the
time.
Sec. 3. Objections to interrogatories.
Objections to
any interrogatories may be presented to the court within ten (10) days after
service thereof, with notice as in case of a motion; and answers shall be
deferred until the objections are resolved, which shall be at as early a time
as is practicable.
Sec. 4. Number of interrogatories.
No party may,
without leave of court, serve more than one set of interrogatories to be
answered by the same party.
Sec. 5. Scope and use of interrogatories.
Interrogatories
may relate to any matters that can be inquired into under section 2 of Rule 23,
and the answers may be used for the same purposes provided in section 4 of the
same Rule.
Sec. 6. Effect of failure to serve written interrogatories.
Unless
thereafter allowed by the court for good cause shown and to prevent a failure
of justice, a party not served with written interrogatories may not be
compelled by the adverse party to give testimony in open court, or to give a
deposition pending appeal.
ADMISSION BY
ADVERSE PARTY
Section 1. Request for admission.
At any time
after issues have been joined, a party may file and serve upon any other party
a written request for the admission by the latter of the genuineness of any
material and relevant document described in and exhibited with the request or
of the truth of any material and relevant matter of fact set forth in the
request. Copies of the documents shall be delivered with the request unless
copies have already been furnished.
Sec. 2. Implied admission.
Each of the
matters of which an admission is requested shall be deemed admitted unless,
within a period designated in the request, which shall not be less than fifteen
(15) days after service thereof, or within such further time as the court may
allow on motion, the party to whom the request is directed files and serves
upon the party requesting the admission a sworn statement either denying
specifically the matters of which an admission is requested or setting forth in
detail the reasons why he cannot truthfully either admit or deny those matters.
Objections to any request for
admission shall be submitted to the court by the party requested within the
period for and prior to the filing of his sworn statement as contemplated in
the preceding paragraph and his compliance therewith shall be deferred until
such objections are resolved, which resolution shall be made as early as
practicable.
Sec. 3. Effect of admission.
Any admission
made by a party pursuant to such request is for the purpose of the pending
action only and shall not constitute an admission by him for any other purpose
nor may the same be used against him in any other proceeding.
Sec. 4. Withdrawal.
The court may
allow the party making an admission under this Rule, whether express or
implied, to withdraw or amend it upon such terms as may be just.
Sec. 5. Effect of failure to file and serve request for admission.
Unless
otherwise allowed by the court for good cause shown and to prevent a failure of
justice, a party who fails to file and serve a request for admission on the
adverse party of material and relevant facts at issue which are, or ought to
be, within the personal knowledge of the latter, shall not be permitted to
present evidence on such facts.
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.
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.
Sec. 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.
Sec. 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.
Sec. 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.
REFUSAL TO
COMPLY WITH MODES OF DISCOVERY
Section 1. Refusal to answer.
If a party or
other deponent refuses to answer any question upon oral examination, the
examination may be completed on other matters or adjourned as the proponent of
the question may prefer. The proponent may thereafter apply to the proper court
of the place where the deposition is being taken, for an order to compel an
answer. The same procedure may be availed of when a party or a witness refuses
to answer any interrogatory submitted under Rules 23 or 25.
If the application is granted, the
court shall require the refusing party or deponent to answer the question or
interrogatory and if it also finds that the refusal to answer was without
substantial justification, it may require the refusing party or deponent or the
counsel advising the refusal, or both of them, to pay the proponent the amount
of the reasonable expenses incurred in obtaining the order, including
attorney’s fees.
If the application is denied and the
court finds that it was filed without substantial justification, the court may
require the proponent or the counsel advising the filing of the application, or
both of them, to pay to the refusing party or deponent the amount of the reasonable
expenses incurred in opposing the application, including attorney’s fees.
Sec. 2. Contempt of court.
If a party or
other witness refuses to be sworn or refuses to answer any question after being
directed to do so by the court of the place in which the deposition is being
taken, the refusal may be considered a contempt of that court.
Sec. 3. Other consequences.
If any party
or an officer or managing agent of a party refuses to obey an order made under
section 1 of this Rule requiring him to answer designated questions, or an
order under Rule 27 to produce any document or other thing for inspection,
copying, or photographing or to permit it to be done, or to permit entry upon
land or other property, or an order made under Rule 28 requiring him to submit
to a physical or mental examination, the court may make such orders in regard
to the refusal as are just, and among others the following:
(a) An order
that the matters regarding which the questions were asked, or the character or
description of the thing or land, or the contents of the paper, or the physical
or mental condition of the party, or any other designated facts shall be taken
to be established for the purposes of the action in accordance with the claim
of the party obtaining the order;
(b) An order refusing to allow the
disobedient party to support or oppose designated claims or defenses or
prohibiting him from introducing in evidence designated documents or things or
items of testimony, or from introducing evidence of physical or mental
condition;
(c) An order striking out pleadings or
parts thereof, or staying further proceedings until the order is obeyed, or
dismissing the action or proceeding or any part thereof, or rendering a
judgment by default against the disobedient party; and
(d) In lieu of any of the foregoing
orders or in addition thereto, an order directing the arrest of any party or
agent of a party for disobeying any of such orders except an order to submit to
a physical or mental examination.
Sec. 4. Expenses on refusal to admit.
If a party
after being served with a request under Rule 26 to admit the genuineness of any
document or the truth of any matter of fact, serves a sworn denial thereof and
if the party requesting the admissions thereafter proves the genuineness of
such document or the truth of any such matter of fact, he may apply to the
court for an order requiring the other party to pay him the reasonable expenses
incurred in making such proof, including attorney’s fees. Unless the court
finds that there were good reasons for the denial or that admissions sought
were of no substantial importance, such order shall be issued.
Sec. 5. Failure of party to attend or serve answers.
If a party or
an officer or managing agent of a party wilfully fails to appear before the
officer who is to take his deposition, after being served with a proper notice,
or fails to serve answers to interrogatories submitted under Rule 25 after
proper service of such interrogatories, the court on motion and notice, may
strike out all or any part of any pleading of that party, or dismiss the action
or proceeding or any part thereof, or enter a judgment by default against that
party, and in its discretion, order him to pay reasonable expenses incurred by
the other, including attorney’s fees.
Sec. 6. Expenses against the Republic of the
Expenses and
attorney’s fees are not to be imposed upon the Republic of the Philippines
