Text of the provision
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 or her 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 or her to pay reasonable expenses incurred by the other, including attorney's fees.
2019 Rules of Civil Procedure (A.M. No. 19-10-20-SC), Rule 29, Section 5. Reproduced verbatim and verified word-for-word against the Supreme Court's official text and the ChanRobles rendering.
About this section
This is Section 5 of Rule 29 (Refusal To Comply With Modes Of Discovery) of the 2019 Rules of Civil Procedure, the rules promulgated by the Supreme Court in A.M. No. 19-10-20-SC and in force since May 1, 2020. The text above is reproduced verbatim from the current rules.
Related provisions
- Section 4 — Expenses on refusal to admit.
- Section 6 — Expenses against the Republic of the Philippines.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.