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1997 Rules on Civil Procedure
Rule 21Subpoena
Rule 21SUBPOENASection 1.
Subpoena and subpoena duces tecum.
Subpoena is a processdirected to a person requiring him to attend and to testify at the hearingor the trial of an action, or at any investigation conducted by competentauthority, or for the taking of his deposition. It may also require him tobring with him any books, documents, or other things under his control, inwhich case it is called a subpoena duces tecum. (1a, R23)
Rule 21 applies to both civil and criminal cases.Q: What are the types of subpoena under the law?A: The following are the types of subpoena:1.)Subpoena Ad Testificandum; and2.)Subpoena Duces TecumNow, the first one is commonly known as subpoena for short. So, when you say that refers tothe first one.Q: Define Subpoena Ad Testificandum.A: SUBPOENA AD TESTIFICANDUM is a process directed to a person requiring him to attendand to testify at the hearing or trial of an action, or at any investigation conducted by competentauthority, or for the taking of his deposition. So you are required to appear there and testify incourt.Q: Define Subpoena Duces Tecum.A: SUBPOENA DUCES TECUM is a process directed to a person where it requires him to bringwith him any books, documents or other things under his control. So, in other words we are moreinterested in his documents, which are in his custody. Whereas in ad testificandum, we are moreinterested in his oral testimony.Now, take note that a subpoena is a process which requires a witness to testify not only duringthe hearing or the trial of his case but also any investigation conducted by “competent authority”like quasi-judicial bodies such as the Labor Arbiter or the Senate Blue Ribbon Committee. Now,under Section 1, you may wonder what do you mean by subpoena “for the taking of hisdeposition”? That because that will clearer when we reach Rule 23. So we will just reserve talkingdeposition when we reach Rule 23.
Sec. 2.
By whom issued.
The subpoena may be issued by:a) the court before whom the witness is required to attend;b) the court of the place where the deposition is to be taken;c) the officer or body authorized by law to do so in connection withinvestigations conducted by said officer or body; ord) any Justice of the Supreme Court or of the Court of Appeals in anycase or investigation pending within the Philippines.
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1997 Rules on Civil Procedure
Rule 21Subpoena
When application for a subpoena to a prisoner is made, the judge orofficer shall examine and study carefully such application to determinewhether the same is made for a valid purpose.No prisoner sentenced to death, reclusion perpetua or lifeimprisonment and who is confined in any penal institution shall bebrought outside the said penal institution for appearance or attendance inany court unless authorized by the Supreme Court. (2a, R23)
Q: Who are authorized to issue subpoena?A: The following:1.The court before whom the witness is required to attend – the most common is the courtwhere the court is pending;2.The place where the deposition is to be taken – we will discuss that when we reach Rule23;
3.
 The officer or body authorized by law to do so in connection with investigations conductedby said officer or body – Now, even administrative bodies or quasi-judicial officers areauthorized to issue subpoena like the Labor Arbiter in connection with investigationconducted by said officer or body;
4.
Any Justice of the Supreme Court or of the Court of Appeals in any case or investigationpending within the Philippines – So, practically any justice can issue a subpoena to attenda particular case although it is not before the SC. They are empowered to issue asubpoena.Q: Can you subpoena a PRISONER to appear in court?A: YES, but the law says that the judge should be very careful to find out whether it is issuedfor a valid purpose because there is a risk. If a prisoner is going to be brought out in jail becausehe has to testify in a case, that might be an occasion for him to escape. So, the court should bevery careful about that. The court should have to find out whether it is necessary.And take note, “No person sentenced to death, reclusion perpetua, or life imprisonment andwho is confined in a penal institution shall be brought outside the said penal institution forappearance or attendance in any court unless authorized by the Supreme Court.” This issomething new.I think this last paragraph is from the case of former
Congressman
Nicanor de Guzman of Nueva Ecija who was convicted of gun running. He was sentenced in Muntinlupa then one day,because of subpoena to testify in his hometown, he was escorted in his hometown to attend thefiesta and then I think he just used that as an excuse to attend the fiesta. And that was attackedby the media – why was he allowed to leave the national penitentiary when he is sentenced toreclusion perpetua? So, this paragraph now appears. You cannot remove him from any NationalPenal institution without authority of the SC.
Sec. 3.
Form and contents
. A subpoena shall state the name of the courtand the title of the action or investigation, shall be directed to the personwhose attendance is required, and in the case of a subpoena ducestecum, it shall also contain a reasonable description of the books,
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1997 Rules on Civil Procedure
Rule 21Subpoena
documents or things demanded which must appear to the court primafacie relevant. (3a, R23)
Now, actually that is simple. You are required to testify on this date or time or you arerequired to bring with you the following documents, which was described in the subpoena ducestecum.Now, can a subpoena be quashed? To quash means to have it dissolved. What are the groundsto quash a subpoena? Section 4:
Sec. 4.
Quashing a subpoena
. The court may quash a subpoena ducestecum upon motion promptly made and, in any event, at or before thetime specified therein if it is unreasonable and oppressive, or therelevancy of the books, documents or things does not appear, or if theperson in whose behalf the subpoena is issued fails to advance thereasonable cost of the production thereof.The court may quash a subpoena ad testificandum on the ground thatthe witness is not bound thereby. In either case, the subpoena may bequashed on the ground that the witness fees and kilometrage allowed bythese Rules were not tendered when the subpoena was served. (4a, R23)GROUNDS TO QUASH SUBPOENA DUCES TECUM
Q: What are the grounds for quashing a subpoena duces tecum?A: The following are the grounds:1.)If the subpoena duces tecum is unreasonable and oppressive;2.)The relevancy of the books, things or documents does not appear;3.)the person in whose behalf the subpoena is issued fails to advance the reasonablecost for the production thereof.
First Ground: IF THE SUBPOENA DUCES TECUM IS UNREASONABLE AND OPPRESSIVE
Well, the best example is if it violates Section 3 – it does not contain a reasonable descriptionof the book, documents or things demanded.EXAMPLE: I will subpoena a business man to a business company, “Mr. Manager you arerequired to bring to court all your ledgers, all your receipts, and all your documents from 1990 tothe present.” My golly! That would involve how many truck loads. Meaning, it would involvebringing to court thousand of documents. So, it becomes unreasonable and oppressive. Thesubpoena duces tecum should be more specific.
Second Ground: THE RELEVANCY OF THE BOOKS OR DOCUMENTS DOES NOT APPEAR
Meaning, there appears to be no connection between the documents which are being sought,and the issues in the case. Example, in a collection case, you were required to bring your birthcertificate, marriage contract, etc. My golly! Anong pakialam ng mga niyan sa collection case?
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Jen-ili Tutay

very well said! dami ko natutunan. it helped!

reply05 / 22 / 2012
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