a. Remedy Against Denial

Requisites for Mandamus

• There must be a clear legal right or duty;
• Respondent must be exercising a ministerial duty — a duty which is absolute and imperative, and involves merely its execution;
• Respondent unlawfully neglects the performance of its duty or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled; and
• No appeal or other plain, speedy, and adequate remedy in the ordinary course of law. (De Castro v. JBC, G.R. No. 191002, 2010)

NOTE: All petitions must be accompanied with a certified true copy of the judgment or order subject thereof. It must be an authenticated original thereof and not a mere photocopy that must be attached to the petition filed. (REGALADO, 2008 ed.)

If the Adverse Party Makes a Wrongful Denial of the Genuineness of Documents or Truth of Any Matter of Fact

The other party who proves the genuineness may apply to the court for an order requiring the other party to pay him reasonable expenses incurred in making such proof, including attorney’s fees.

If a Party Refuses an Order to Produce Any Document or Other Thing Under Rule 27 OR If a Person Refuses to Submit to a Physical or Mental Examination Under Rule 28 OR If a Person Refuses to Answer Particular Questions Under Rule 25:

The court may make such orders in regard to the refusal as are just, and among others, also issue the following:

• An order that the matters regarding which the questions were asked shall be TAKEN TO BE ESTABLISHED for the purposes of the action in accordance with the claim of the party obtaining the order;
• An order
• Prohibiting the disobedient party to support or oppose claims or defenses, or
• Prohibiting such disobedient party from introducing in evidence designated documents or things or items of testimony;
• 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;
• In addition to any of the above orders, an order directing the arrest of any party or agent of a party for disobeying any of such orders.

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/her 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.