Group 5

Subpoena and
Search Warrant
Subpoena
Is an order from the court that requires an
individual to be somewhere in person at a certain
place, date, and time to testify as a witness in a
case. Specifically, a subpoena is a conditional threat
of punishment made by a governmental authority if
it is attached to a command, so that if the recipient
does not do as commanded then that person may
be punished.
Two (2) types of Subpoena
• Subpoena Testificandum - this order the
person to testify before the ordering
authority or face punishment
• Subpoena Ducestecum - this orders a
person to bring physical evidence before
the ordering authority or face punishment
Search Warrant
Rule 216, Sec 1 Criminal PRocedure define search
warrant
An order in writing issued in the name of the people of the
Philippines signed by a judge and directed to a peace
office,Commanding him to search personal property describe
therein and bring it before the court.
Is the nature of a criminal process akin to writ of
discovery. It is a special and preculiar remedy, and drastic
in nature. It it merely a judicial process designed by the
rules to respond only to incident in the main case .