SUBPOENA, Rule 21

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&he court before whom the witness is required to attend &he court of the place where the deposition is to be taken &he officer or body authori(ed by law to do so in connection with investigations conducted by the said officer or body +ny %ustice of the S* or *+ in any case or investigation pending within the ,1

!. Section 1. Subpoena and subpoena duces tecum. Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his deposition. It may also require him to bring with him any books, documents, or other things under his control, in which case it is called a subpoena duces tecum. (1a, !"#

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Subpoena $ a coercive process issued by the court or %udge stating the name of the court and the title of the action for investigation, direct to a person and requiring him to attend the hearing on the trial of an action, at the state date, time and place. Kinds of SubpoenaSubpoena ad testificandum Subpoena duces tecum.

-hen application for a subpoena to a prisoner is made, the %udge or officer shall e.amine and study carefully such application to determine whether the same is made for a valid purpose. !imi"a"ion in issuan#e of subpoena - /o prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in any penal institution shall be brought outside the said penal institution for appearance or attendance in any court unless authori(ed by the Supreme *ourt (!a, !"# Section 3. Form and contents. + subpoena shall state the name of the court and the title of the action or investigation, shall be directed to the person whose attendance is required, and in the case of a subpoena duces tecum, it shall also contain a reasonable description of the books, documents or things demanded which must appear to the court prima facie relevant. ("a, !"# Wha" does a subpoena #on"ain 1. !. /ame of the court &itle of the action or investigation Shall be directed to the person whose attendance is required In case of subpoena duces tecum, it shall contain a reasonable description of the books, documents or things demanded which must appear to the court prima facie relevant.

Section 2. By whom issued. &he 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 authori(ed by law to do so in connection with investigations conducted by said officer or body' or (d# any )ustice of the Supreme *ourt or of the *ourt of +ppeals in any case or investigation pending within the ,hilippines. -hen application for a subpoena to a prisoner is made, the %udge or officer shall e.amine and study carefully such application to determine whether the same is made for a valid purpose. /o prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in any penal institution shall be brought outside the said penal institution for appearance or attendance in any court unless authori(ed by the Supreme *ourt (!a, !"# Who may issue subpoena

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Section 4. Quashing a subpoena. &he court may quash a subpoena duces tecum upon motion promptly made and, in any event, at or before the time specified therein if it is unreasonable and oppressive, or the relevancy of the books, documents or things does not appear, or if the person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof.

&he court may quash a subpoena ad testificandum on the ground that the witness is not bound thereby. In either case, the subpoena may be quashed on the ground that the witness fees and kilometrage allowed by these ules were not tendered when the subpoena was served. (0a, !"# -hen to file2 $ upon motion promptly made, in any event, at or before the time specified therein 3rounds for quashing subpoena duces tecum4 1. !. If it is unreasonable and oppressive elevancy of the books, documents or things does not appear If the person in whose behalf the supoeana is issued fails to advance the reasonable cost of production thereof.

the fees for one day6s attendance and the kilometrage allowed by these ules, e.cept that, when a subpoena is issued by or on behalf of the epublic of the ,hilippines or an officer or agency thereof, the tender need not be made. &he service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is duces tecum, the reasonable cost of producing the books, documents or things demanded shall also be tendered. (7a, !"# +o) subpoena is se$%ed Service of a subpoena shall be made in the same manner as personal or substituted service of summons. Wha" is "he du"y of "he pe$son se$%in, "he subpoena 1. !. &he original shall be e.hibited + copy thereof delivered to the person on whom it is served, &endering to him the fees for one day6s attendance and the kilometrage allowed by these ules, e.cept that, when a subpoena is issued by or on behalf of the epublic of the ,hilippines or an officer or agency thereof, the tender need not be made.

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3rounds for quashing subpoena ad testificandum4 1. !. &he witness is not bound thereby In either case, the subpoena may be quashed on the ground that witness fees and kilometrage allowed by these ules were not tendered when subpoena is served.

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Section 5. Subpoena for depositions. ,roof of service of a notice to take a deposition, as provided in sections 15 and !5 of ule !", shall constitute sufficient authori(ation for the issuance of subpoenas for the persons named in said notice by the clerk of the court of the place in which the deposition is to be taken. &he clerk shall not, however, issue a subpoena duces tecum to any such person without an order of the court. (5a, !"# When is "he issuan#e of subpoena p$ope$ in #ase of a disposi"ion P$oof of se$%i#e of a no"i#e to take a deposition, as provided in sections 15 and !5 of ule !&, shall #ons"i"u"e suffi#ien" au"ho$i'a"ion fo$ "he issuan#e of subpoenas for the persons named in said notice by the clerk of the court of the place in which the deposition is to be taken !imi"a"ion on "he issuan#e of subpoena du#es "e#um by "he #le$( of #ou$" &he clerk shall not, however, issue a subpoena duces tecum to any such pe$son )i"hou" an o$de$ of "he #ou$"* Section 6. Service. Service of a subpoena shall be made in the same manner as personal or substituted service of summons. &he original shall be e.hibited and a copy thereof delivered to the person on whom it is served, tendering to him

Wha" is "he manne$ of se$%i#e &he service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is duces tecum, the reasonable cost of producing the books, documents or things demanded shall also be tendered Section 7. Personal appearance in court. + person present in court before a %udicial officer may be required to testify as if he were in attendance upon a subpoena is sued by such court or officer. (18, !"# Wha" is "he effe#" if pe$son is in #ou$" + person present in court before a %udicial officer may be $e-ui$ed "o "es"ify as if he )e$e in a""endan#e upon a subpoena is sued by su#h #ou$" o$ offi#e$

Section 8. Compelling attendance. In case of failure of a witness to attend, the court or %udge issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the province, or his deputy, to arrest the witness and bring him before the court or officer where his attendance is required, and the cost of such warrant and sei(ure of such witness shall be paid by the

witness if the court issuing it shall determine that his failure to answer the subpoena was willful and without %ust e.cuse. (11, !"# .ou$ses of a#"ion of "he #ou$" in #ase of failu$e of "he )i"ness "o a""end/ 9pon proof of the service thereof and of the failure of the witness, may: 1. ;ay issue a warrant to the sheriff of the province, or his deputy, "o a$$es" "he )i"ness and bring him before the court or officer where his attendance is required, and &he cost of such warrant and sei(ure of such witness shall be paid by the witness if the court issuing it shall determine that his failure to answer the subpoena was willful and without %ust e.cuse.

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Section 9. Contempt. <ailure by any person without adequate cause to obey a subpoena served upon him shall be deemed a contempt of the court from which the subpoena is issued. If the subpoena was not issued by a court, the disobedience thereto shall be punished in accordance with the applicable law or ule. (1!a !"# Effe#" of failu$e "o OBE0 a subpoena <ailure by any person without adequate cause to obey a subpoena served upon him shall be deemed a #on"emp" of "he #ou$" f$om )hi#h "he subpoena is issued* Effe#" of failu$e "o .O1P!0 )i"h a subpoena if i" )as no" issued by a #ou$" &he disobedience thereto shall be punished in accordance with the applicable law or ule Section 10. E ceptions. &he provisions of sections = and > of this ule shall not apply to a witness who resides more than one hundred (188# kilometers from his residence to the place where he is to testify by the ordinary course of travel, or to a detention prisoner if no permission of the court in which his case is pending was obtained. (>a, !"# E2#ep"ions "o "he Se#* 3 and 41. + witness who resides more than one hundred (188# kilometers from his residence to the place where he is to testify by the ordinary course of travel, or &o a detention prisoner if no permission of the court in which his case is pending was obtained.

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