Civil Procedure: Subpoena

Civil Procedure: Subpoena (Rule 21)

  1. Sec. 1. Subpeona 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.
  2. Sec. 2 par 1 By whom issued – The supoena may be issued by:
    1. the court before whom the witness is required to attend;
    2. the court of the place where the deposition is to be taken;
    3. the officer or body authorized by law to do so in connection with investigations conducted by said officer or body; or
    4. any Justice of the Supreme Court or of the Court of Appeals in any case or investigation pending within the Philippines. 
  3. Subpoena to Prisoners
    1. Sec. 2 par 2. – When application for a subpoena to a prisoner is made, the judge or officer shall examine and study carefully such application to determine whether the same is made for a valid purpose.
    2. Sec. 2 par 3. – No 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 authorized by the Supreme Court.
  4. Quashal Subpoena
    1. Sec 4. Quashing a Subpoena. – The 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.

      The court may quash a subpoena ad testificandum on the grounds that the witness is not bound thereby. In either case, the subpoena may be quashed on the ground that the witness not tendered when the subpoena was served.

  5. Subpoena Duces tecum
  6. Subpoena ad testificandum

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