DEFINITION COMPELLING ATTENDANCE OF

Subpoena is a process directed to a General Rule: WITNESSES; CONTEMPT

person requiring him or her to attend A prisoner shall not be brought General Rule:
and to testify at the hearing or the outside for appearance or Compelling Attendance of
trial of an action, or at any attendance in any court if: Witnesses: If the witness fails to
investigation conducted by • Sentenced to death, reclusion attend, the court may issue a warrant
competent authority, or for the taking perpetua, or life imprisonment; an to arrest the witness and bring him or
of his deposition • Confined in any penal institution her before the court or officer where
Exception: his or her attendance is required,
In this jurisdiction, there are two (2) If authorized by the Supreme upon showing of the following:
kinds of subpoena, to wit: Court ONLY. • Failure of the witness to attend;
(i) subpoena ad testificandum - It and
is a process directed to a person SERVICE OF SUBPOENA • Proof of service of subpoena
requiring him or her to attend and Service shall be made in the same (Rule 21, Sec. 8).
to testify: manner as personal or substituted Contempt: Failure to obey a
(a) At the hearing or trial of an service of summons. subpoena without adequate cause
action; or The original shall be exhibited and a shall be deemed a contempt of the
(b) At any investigation copy delivered to the person on issuing court.
conducted by a competent whom it is served, tendering to him • If the subpoena was not issued by
authority; or the fees for one day’s attendance a court, the disobedience shall be
(c) For the taking of his or her and the kilometrage allowed by these punished in accordance with the
deposition rules. (Rule 21, Sec. 6) applicable law or Rule (Rule 21,
T Sec. 9).
(ii) subpoena duces tecum - It is a he Supreme Court extended the Exception: The provisions of Rule
process directed to a person service of subpoena in civil cases 21, Sections 8 and 9, shall not
requiring him or her to bring him through the following: apply to the following:
or her any books, documents or o Electronic mail (1) Viatory Right (right not to be
things under his or her, control on o Telephone calls (landline or compelled to attend upon a
which he must testify mobile phones) subpoena) - Where the witness
o Short Messaging Services resides more than 100
PURPOSE (SMS) (OCA Circular No. 265- kilometers from his or her
There are times when the 2016, December 1, 2016) residence to the place where he
attendance of a person is necessary or she is to testify by the
during trial or hearing, and to ensure Rule on the Cost for the Service of ordinary course of travel; and
such attendance, subpoena may be Subpoena
issued motu proprio or on motion. Cost for court attendance and the Note: The remedy of the party
production of documents and other is to take the deposition of the
CONTENTS materials subject of the subpoena witness.
A subpoena shall: shall be tendered or charged
(a) State the name of the court; accordingly. (Rule 21, Sec. 6) (2) Where permission of the
(b) State the title of the action or court in which the detained
investigation; Rationale for Service of Subpoena prisoner’s case is pending was
(c) Be directed to the person whose The service must be made so as to not obtained (Rule 21, Sec. 10).
attendance is required; allow the witness a reasonable time
(d) In the case of a subpoena for preparation and travel to the QUASHING A SUBPOENA
duces tecum, shall also contain place of attendance. (Rule 21, Sec. A subpoena duces tecum may be
reasonable description of books, 6) quashed by the court upon motion
documents, or things demanded promptly made and in any event
which must appear in court (Rule Note: When a subpoena is issued before the time specified therein
21, Sec 3) by or on behalf of the Republic of (Rule 21, Sec. 4).
the Philippines or an officer or
ISSUANCE OF SUBPOENA agency thereof, the tender need not Grounds for Quashing
The subpoena may be issued by the be made. Subpoena
following: Subpoena Ad Testificandum
(1) The court before which the Tendering - a method of delivery, (a) Witness is not bound
witness is required to attend; except that the recipient has the thereby.
(2) The court of the place where the choice not to accept the tender. (b) Not meritorious; or
deposition is to be taken; However, the act of tender (c) Not qualified to testify
(3) The officer or body authorized completes the responsibility of the Subpoena Duces Tecum
by law to do so, in connection with person making the tender. (a) Unreasonable and
investigations conducted by said oppressive issuance thereof; or
officer or body, such as: The tender may save the tendering (b) Relevancy of the books,
▪ Ombudsman by RA no. 6770 party from a penalty of non- documents or things does not
▪ NBI by RA No. 10867 performance or may, if the other appear to be prima facie
▪ Prosecutor party unjustly refuses to accept the relevant to the issue; or
(4) Any Justice of the Supreme tender, it places the other party in (c) Failure to advance the
Court or the Court of Appeals in default reasonable cost of the
any case or investigation pending production thereof by the
within the Philippines (Rule 21, PERSONAL APPEARANCE person in whose behalf the
Sec. 2). A person who is present in court or subpoena was issued.
before a judicial officer may be In either case
Issuance of Subpoena to a Prisoner required to testify, as if he or she The witness fees and
The judge or officer shall examine were in attendance upon a subpoena kilometrage allowed under the
and study carefully such application issued by such a court or officer. Rules were not tendered when
to determine whether the same is (Rule 21, Sec. 7) the subpoena was served.
made for a valid purpose (Rule 21,
Sec. 2).
MANNER OF COMPUTING TIME Section 31, Chapter VIII, Book I of the fact that said due date is a
In computing any period of time thereof provide: Saturday, Sunday, or holiday.”
prescribed or allowed by these Sec. 31. Legal Periods. —
Rules, or by order of the court, or by "Year" shall be understood to be Example:
any applicable statute, the following twelve calendar months; If a pleading is due on July 10 and
rule shall be observed: "month" of thirty days, unless it this happens to be a Saturday, the
(1) The day of the act or event from refers to a specific calendar time for filing it shall not run,
which the designated period of time month in which case it shall be applying Section 1 of Rule 21, on
begins to run is to be excluded and computed according to the July 10 (Saturday) nor on July 11
the date of performance included. number of days the specific (Sunday) but will resume to run on
(2) If the last day of the period falls month contains; "day", to a day the next working day, which is
on Saturday, a Sunday, or a legal of twenty-four hours and; "night" July 12 (Monday). The pleading
holiday in the place where the court from sunrise to sunset. will then be due on the latter date.
sits, the time shall not run until the If the period is extended by 10
next working day (Rule 22, Sec. 1). Clarification provided in A.M. 00-2- days, such 10 days will be
14-SC; Where the due date falls on counted, not from July 12
Article 13 of the Civil Code a Saturday, Sunday or Holiday (Monday) but from the original
Applicable due date, July 10 (Saturday)
When the law speaks of years, The clarification provided in A.M. 00- "regardless of the fact that said
months, days or nights, it shall be 2-14-SC covers a situation where the due date is a Saturday."
understood that: due date falls on a Saturday,
• Years are of 365 days each; Sunday, or holiday. Precisely, what Consequently, the new due date
• Months are of 30 days; such clarification wanted to address will be 10 days from July 10 or
• Days are of 24 hours; and is the erroneous claim that “the precisely on July 20.
• Nights are from sunset to period of extention” in such a case
sunrise. “is to be reckoned from the next EFFECT OF INTERRUPTION
If months are designated by their working day and not from the original Should an act be done which
name, they shall be computed by the expiration of the period.” effectively interrupts the running of
number of days which they the period, the allowable period after
respectively have. The correct rule, according to the such interruption shall start to run on
clarification, is that “any extension the day after notice of the cessation
EO292 or the Administrative Code of time to file the required pleading of the cause thereof.
of 1987 should be counted from the
expiration of the period regardless
The day of the act that caused the
interruption shall be excluded in the
computation of the period.
(Rule 22, Sec. 2).