• RULE 28

Physical and Mental Examination of Persons

• As to its applicability:
• SEC. 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 a physical or mental
examination by a physician (1)
•
• When may physical and mental examination of persons be ordered?
• It may be ordered in an action in which the physical or mental condition of a
party is in controversy.
•
• Examples:
• The mental condition of a party is in controversy in proceedings for guardianship over an imbecile or insane
person, while the physical condition of a party is generally involved in physical injuries cases.
• a) Declaration of nullity of marriage on the ground psychological incapacity. Under the Family Code,
however, the state of psychological incapacity must not have been existing only now for the first time. It
must have existed at the time of the marriage;
• b) Annulment of marriage on the ground of impotency. The court can issue an order to subject the party to
undergo physical or medical examination by a doctor to test whether the allegation is true or not;
• c) Annulment of contract on the ground of insanity at the time of execution (lack of consent);
• d) Physical disability due to quasi-delicts (e.g. vehicular accident).
• e) The mental condition of a party is in controversy in proceedings for guardianship over an imbecile or
insane person, while the physical condition of a party is generally involved in physical injuries cases.
• Since the results of the examination are intended to be made public, the same are not covered by the
physician-patient privilege (Sec. 24b, R 130).
•
• As to the procedure:
• SEC. 2. Order for examination – The order for examination may be
made only upon 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. (2)
•
• Requisites:
• 1. The physical or mental condition must be a subject of controversy of the
action.
• 2. A motion showing good cause must be filed.
• 3. Notice of the motion must be given to the party to be examined and to
all other parties.
• 4. The motion shall specify the time, place, manner, conditions and scope
of the examination and the scope of the examination and the person or
persons by whom it is made.
• Good cause - that the examination be made without danger to the party's
life or health or infliction upon him of serious pain.
•
• 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. (3a)
•
• As to waiver of privilege:
• 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.
(4)