Rule 21

SUBPOENA

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, 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; and
2.) Subpoena Duces Tecum

Now, the first one is commonly known as subpoena for short. So, when you say that refers
to the first one.

Q: Define Subpoena Ad Testificandum.

A: SUBPOENA AD TESTIFICANDUM is a process directed to a person requiring him to
attend and to testify at the hearing or trial of an action, or at any investigation conducted by
competent authority, or for the taking of his deposition. So you are required to appear there and
testify in court.

Q: Define Subpoena Duces Tecum.

A: SUBPOENA DUCES TECUM is a process directed to a person where it requires him to
bring with him any books, documents or other things under his control. So, in other words we
are more interested in his documents, which are in his custody. Whereas in ad testificandum,
we are more interested in his oral testimony.

Now, take note that a subpoena is a process which requires a witness to testify not only
during the 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 his deposition”? That because that will clearer when we reach Rule 23. So we will just
reserve talking deposition 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 with investigations conducted by
said officer or body; or
d) any Justice of the Supreme Court or of the Court of Appeals in any case or investigation
pending within the Philippines.
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.
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)
 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
court where the court is pending;

2. The place where the deposition is to be taken – we will discuss that when we reach
Rule 23;

3. The officer or body authorized by law to do so in connection with investigations

conducted by said officer or body – Now, even administrative bodies or quasi-judicial
officers are authorized to issue subpoena like the Labor Arbiter in connection with
investigation conducted by said officer or body;

4. Any Justice of the Supreme Court or of the Court of Appeals in any case or investigation
pending within the Philippines – So, practically any justice can issue a subpoena to
attend a particular case although it is not before the SC. They are empowered to issue
a subpoena.

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 issued
for a valid purpose because there is a risk. If a prisoner is going to be brought out in jail
because he has to testify in a case, that might be an occasion for him to escape. So, the court
should be very 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 and
who is confined in a penal institution shall be brought outside the said penal institution for
appearance or attendance in any court unless authorized by the Supreme Court.” This is
something 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 the
fiesta and then I think he just used that as an excuse to attend the fiesta. And that was
attacked by the media – why was he allowed to leave the national penitentiary when he is
sentenced to reclusion perpetua? So, this paragraph now appears. You cannot remove him
from any National Penal institution without authority of the SC.

Sec. 3. Form and contents. A 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. (3a, R23)

Now, actually that is simple. You are required to testify on this date or time or you are
required to bring with you the following documents, which was described in the subpoena duces
tecum.

Now, can a subpoena be quashed? To quash means to have it dissolved. What are the
grounds to quash a subpoena? Section 4:
 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 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 Rules were not tendered when the subpoena was served. (4a, R23)