RULE 21: SUBPOENA
subpoena which require him to
Subpoena [ad testificandum] 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 taking his
deposition.(SEC1, R21)
Contents: (Sec3, R21)
1. Name of the Court
2. Title of the Investigation
3. Directed to the person whose attendance
is required
How to Quash (Requisites): (Sec 4, R21)
1. Upon motion to vacate or set aside
subpoena or motion to quash at or before
the time specified therein
2. Reasons:
a. The witness is not bound thereby
b. The witness fees and kilometerage
were not tendered to him.
Kilometrage may be defined
as transportation expense for
each kilometer of travel
Subpeona duces tecum process directed to a person
whom was called under a subpoena and required to bring
with him any books, documents, or other things under his
control which he is required by law to produce in
evidence. (SEC1, RULE21)
Requisites:
1. It must appear, by clear and unequivocal
proof, that the book or document sought
to be produced contains evidence relevant
and material to the issue before the court,
and
2. That the precise book or document
containing such evidence has been so
designated or described that it may be
identified.
Contents: (Sec3, R21)
1. Name of the Court
2. Title of the Investigation
3. Directed to the person whose attendance
is required
4. A reasonable description of the books,
documents or things demanded which
must appear to the court prima facie
evidence
How to Quash (Requisites): (Sec 4, R21)
1. Upon motion to vacate or set aside
subpoena or motion to quash at or before
the time specified therein.
2. Reasons:
a. It is unreasonable and oppressive
b. the relevance of the books
documents or things does not
appear
c. if the person in whose behalf the
subpoena is issued fails to
advance the reasonable cost of
production thereof
When Subpoena may be disobeyed?
in the absence of a showing or
materiality and in the absence of
particularity in what is wanted, the
merchant can validly refuse to present
his books
a witness may validly disobey a
produce irrelevant documents or
which is too broad in scope
Who has the authority to issue a subpoena?
(a) The COURT before whom the witness is required
to attend; (SEC 2, R21)
(b) The COURT of the place where the deposition is
to be taken; (SEC 2, R21)
Subpoena issued by the court should
be signed by the Clerk of Court (Sec4,
R136)
(c) The officer or body authorized by law to do so in
connection with investigations conducted by said
officer or body; (SEC 2, R21)
When an action is referred to a
Commissioner under Rule 32 [Trial By
Commissioner], he may issue a
subpoena.
Clerk of Court may be assigned as a
Commissioner
Thus, it was held that the power of
the public prosecutor to issue
subpoenas extends t cases pending
investigation before him, but not
where the complaint or information
has been filed in court in which case it
is the court that should issue the
necessary processes.
(d) Any Justice of the SC or the CA in any case or
investigation pending within the Philippines.
(SEC 2, R21)
Subpoena to a Prisoner
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. {relate to Sec 1 R23}
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 (2a, R23)
[Service of subpoena] When subpoena is addressed to a
prisoner, it shall be served upon the officer having
management of the jail or institution. (Sec9, R14)
Subpoena for DEPOSITIONS
Proof of service of a notice to take a deposition, as
provided in sections 15 and 25 of Rule 23, shall constitute
sufficient authorization 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. The
clerk shall not, however, issue a subpoena duces tecum to
any such person without an order of the court. (Sec 6,
R21)
A party desiring to take the deposition of any person upon
oral examination shall give reasonable notice in writing to
every other party to the action (Sec 15, R23)
If he desires to take the deposition of any person upon
written interrogatories, he shall serve them upon every
other party with a notice stating the:
1. name and
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 2. address of the person who is to answer them
3. the name or descriptive title and
4. the address of the officer before whom the
deposition is to be taken. (Sec25, R23)
Modes of Service
1. By Personal Service
a. By exhibiting to the person the original of the
subpoena and handing a copy thereof to him,
or
b. If he refuses to receive and sign for it, by
tendering it to him
2. By Substituted Service
a. By leaving copies of subpoena at the witness
residence with some person suitable age and
discretion then residing therein, or
b. By leaving the copies at witness office or
regular place of business with some
competent person in charge thereof (Sec7,
R14)
How to Serve a Subpoena? (Sec 6, R21)
(a) By either of the Mode of Service
(b) Must be made so as to allow the witness a
reasonable time for preparation and travel to the
place of attendance
(c) The original shall be exhibited and a copy thereof
delivered to the person on whom it is served
(d) tendering to him the fees for one day's attendance
and the kilometrage allowed by these Rules
EXCEPT: when a subpoena is issued by or on
behalf of the Republic of the Philippines or an
officer or agency thereof, the tender need not be
made
- If the subpoena is duces tecum, the reasonable
cost of producing the books, documents or
things demanded shall also be tendered.
Personal appearance in court
A person present in court before a judicial officer may be
required to testify as if he were in attendance upon a
subpoena is sued by such court or officer. (Sec7, R21)
Failure to Obey Subpoena (Sec 8, R21)
Warrant of Arrest against the Witness may be issued by
the court or judge issuing the subpoena to bring him
before the court or officer where his attendance is required
[provided there is proof of service and there is failure of
the witness to attend]
[Cost of Arrest: Charged to Witness if the court
determines that his failure to answer was willful and
without just cause]
If issued by the court CONTEMPT OF COURT (Sec
9, R21)
2 Modes of Commencing Proceeding for Indirect
Contempt:
(a) Muto Proprio by the court by issuing an
order or other formal charge requiring
respondent to show cause why he should
not be punished for contempt; and
(b) A verified petition charging indirect
contempt, complying with the
requirements for filing initiatory
pleadings.
If not issued by the court the disobedience thereto
shall be punished in accordance with the applicable
law or Rule. (Sec 9, R21)
If the subpoena is isuued not by a court but a
quasi-judicial agency, the charge for contempt
should be commenced by petition and filed with
the RTC of the place wherein the contempt was
committed (Sec12, R71)
Release of Respondent
The respondent imprisoned due to an order of a court may
be discharged when it appears that the public interest will
not be prejudiced by his release by the same court.
(Sec10,R71)
Viatory Right of A Witness (Sec 10, R21)
- Applicable only on civil cases
- Sec 8 and 9 of Rule 21 is not applicable in a
witness who:
o resides more than one hundred (100)
kilometers from his residence to the
place where he is to testify by the
ordinary course of travel, or
o to a detention prisoner if no
permission of the court in which his
case is pending was obtained.
RULE 22: COMPUTATION OF TIME
How to Compute Time Prescribed or Allowed by the
Rules of Civil Procedures or By Order of the Court or
By Any Applicable Statute
(Exclude-the-First and Include-the-Last Method of
computing time)
The day of the act or event from which the designated
period of time begins to run is to be excluded and the date
of performance included. If the last day of the period, as
thus computed, falls on a Saturday a Sunday, or a legal
holiday in the place where the court sits, the time shall not
run until the next working day. (Sec1,R22)
Effect of Effective Interruption on Computation
Should an act be done which effectively interrupts the
running of the period, the allowable period after such
interruption shall start to run on the day after notice of
the cessation of the cause thereof.
The day of the act that caused the interruption
shall be excluded in the computation of the period.
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DISCOVERY
In general, discovery is the disclosure of facts resting in
the knowledge of the defendant, or of any person, WON a
party, or the production of deeds, writing or things in his
possession or power, in order to maintain the right or title
of he party asking it, in a suit or proceeding
Modes of Discovery (Rule 23 28)
(a) Depositions Pending Action (R23)
(b) Deposition Before Action or Pending Appeal (R 24)
(c) Interrogatories To Parties (R 25)
(d) Admission By Adverse Party (R 26)
(e) Production or Inspection of Documents or Things
(R 27)
(f) Physical and Mental Examination of Persons (R 28)
Availment of one mode does not bar to another. As a
matter of practice, it is often desirable to resort to both
interrogatories and depositions in one or the other
sequence.
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Purpose of Deposition-Discovery Procedure
To enable the parties, consistent with recognized
privileges, to obtain the fullest knowledge of the issues
and facts before civil trials and thus facilitate an amicable
settlement or expedites the trial of the case.
The deposition- discovery procedure is designed to
remedy the inadequacy and cumbersomeness of the pre-
trial functions of notice-giving, issue-formulation and fact-
revelation performed primarily by the pleadings. The
various modes or instruments of discovery are meant to
serve:
(a) As a device, along with the pre-trial hearing under
Rule 18, to narrow and clarify the basic issues
between the parties, and
(b) As a device for ascertaining the facts relative to
those issues
Advantages of Modes of Discovery
1. It is a great assistance in ascertaining the truth and in
checking and preventing perjury because:
a. The witness is examined while his memories
are fresh;
b. He is generally not coached in preparation for
a pre-trial examination with the result that
his testimony is likely to be more spontaneous
c. A party or witness whose deposition has been
taken at an early stage in the litigation cannot,
at a later date, readily manufacture testimony
in contradiction to his deposition; and
d. Testimony is preserved, so that if a witness
unexpectedly dies or becomes unavailable at
the trial, his deposition is available
2. It is an effective means of detecting and exposing false,
fraudulent and sham claims and defenses.
3. It makes available, in a simple, convenient, and often
inexpensive way, fact which otherwise could not have
been proved, except with great difficulty and
sometimes not at all.
4. It educates the parties in advance of trial as to the trial
value of their claims and defenses, thereby
encouraging settlements out of the court.
5. It expedites the disposal of litigation, saves the time of
the courts, and the clears the dockets of many cases by
settlements and dismissals which otherwise would
have to be tried.
6. It safeguards against surprises at the trial, prevent
delays, and narrows and simplifies the issues to be
tried, thereby expediting the trial.
7. It facilitates both the preparation and the trial of cases
RULE 23: DEPOSITION PENDING ACTION
DEPOSITION
Broad Sense: Any written statement verified by oath
Technical: The testimony of the witness, put or taken in
writing, under oath or affirmation before a commissioner,
examiner or other judicial officer, in an answer to
interlocutory and cross interlocutory questions, and
usually subscribed by the witness,
When Can Deposition Pending Action be Taken?
AT ANY TIME AFTER THE INSTITUTION OF ANY
ACTION, WHENEVER NECESSARY:
(a) With Leave of Court after jurisdiction has been
obtained over any defendant or over property
which is subject to the action
The deposition of a prisoner make
be taken only W/ Leave of Court on
such terms as the court prescribes
(b) Without Leave of Court after an answer has been
served (Sec 1, R23)
How Can Deposition Pending Action be Taken?
Deposition shall be taken only in accordance with the
Rules of Civ Pro The testimony of any person, WON
a party, may be taken, at the instance of any party, by
DEPOSITION upon oral examination or written
interrogatories. Attendance may be compelled by
subpoena under Rule 21. (Sec1, R23)
Right to Deposition is NOT ABSOLUTE
When the move to take deposition under guise of
discovery is actually intended to annoy, embarrass or
oppress the deponent, the court may either prevent the
taking of the deposition or stop one that is already taken.
Also, the mode of deposition is not absolute. The court in
which the action is pending may among others, make an
order that the deposition be taken only in written
interrogatories.
Scope of Examination:
Broad the inquiry extends to all facts which are relavant,
whether they be ultimate or evidentiary, excepting only
matters which are privileged.
Unless otherwise ordered by the court as provided by
section 16 or 18 of this Rule, the deponent may be
examined regarding any matter, not privileged, which is
relevant to the subject of the pending action, whether
relating to the claim or defense of any other party,
including the existence, description, nature, custody,
condition, and location of any books, documents, or other
tangible things and the identity and location of persons
having knowledge of relevant facts. (Sec 2, R23)
Order of Examination
(a) Direct examination by the proponent;
(b) Cross examination by the opponent;
(c) Re-direct examination by the proponent; and
(d) Re-cross examination by the opponent (Sec 4, R132)
Examination and cross-examination of deponents may
proceed as permitted at the trial under sections 3 to 18 of
Rule 132. (Sec 3, R23)
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