Solidbank V Gateway

Solidbank v Gateway
Facts:
1.
Gateway obtained 4 foreign currency denominated loans
from petitioner Solid Bank as capital for its manufacturing
operations. The loans were secured by Promissory notes and
by assignment to Solid Bank of all the proceeds of Gateway's
Back-end Services Agreement with Alliance Semiconductors.
2.
However, Gateway failed to pay its obligations despite
repeated demands from the petitioner. This prompted
petitioner to file a complaint for collection of sum of money.
3.
During the trial, Petitioner filed a motion for the
production and inspection of documents after learning that
Gateway already received proceeds of its Back-end agreement
with Alliance. The motion called for the inspection of all books
of accounts, financial statements, receipts, checks, vouchers,
and other accounting records. The court granted the motion.
4.
Subsequently, after a couple of postponements, Gateway
was only able to produce the billings and not all the other
documents. The Court chastised it for not exerting due
diligence in procuring the required documents and it ordered
that those not produced shall be deemed established in
accordance with Solid Bank's claim.
5.
Gateway filed a petition for certiorari before the CA to
nullify the 2 orders of the lower court. CA granted the petition
and ruled that the motion to produce and inspect failed to
comply with Sec. 1, Rule 27 of the Ruled of Court. Hence this
petition.
Issue: W/N the motion for production and inspection complied
with Sec. 1, Rule 27 of the Rules of Court
HELD: NO (Petition denied).
1.
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. A fishing expedition no longer precludes a party from
prying into the facts underlying his opponent's case. However,

fishing for evidence has its limitations.
2.
Solidbank's motion was fatally defective and violates
Sec. 1 Rule 27 due to its failure to specify with particularity the
documents it required Gateway to produce. Simply, the motion
called for a blanket inspection, too broad and too generalized
in scope. Its request that "all documents pertaining to, arising
from, in connection with or involving the Back-end Services
Agreement" ask for a promiscuous mass of documents.
3.
A motion for production and inspection of documents
should not demand a roving inspection of a promiscuous mass
of documents. The inspection should be limited to those
documents designated with sufficient particularity in the
motion, such that the adverse party can easily identify the
documents he is required to produce.
4.
Since it is Solid Bank who asserted that Gateway already
received payment from its Back-end Agreement with Alliance,
then the burden of proof is on its side. Burden of proof is the
duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount of
evidence required by law. Throughout the trial, the burden of
proof remains with the party upon whom it is imposed, until he
shall have discharged the same.
*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.

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Solidbank v Gateway

prying into the facts underlying his opponent's case. However,

1.the party must file a motion for the production or inspection of

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