Rule 21 Now, under Section 1, you may wonder what do you 2.
The court of the place where the
SUBPOENA mean by subpoena for the taking of his deposition?
That will be discussed in relation to Rule 23.
Section 1. Subpoena
and subpoena duces tecum. Sec. 2. By whom
Subpoena is a process issued. The subpoena may
directed to a person be issued by:
requiring him to attend and a) the court before
to testify at the hearing or whom the witness is
the trial of an action, or at required to attend;
any investigation conducted b) the court of the
by competent authority, or place where the
for the taking of his deposition is to be taken;
deposition. It may also c) the officer or body
require him to bring with authorized by law to do so
him any books, documents, in connection with
or other things under his investigations conducted
control, in which case it is by said officer or body; or
called a subpoena duces d) any Justice of the
tecum. (1a, R23) Supreme Court or of the
Court of Appeals in any
Rule 21 applies to both civil and criminal cases. case or investigation
pending within the
Q: What are the types of subpoena under the law? Philippines.
A: The following are the types of subpoena: When application for
1.) Subpoena Ad Testificandum; and a subpoena to a prisoner
2.) Subpoena Duces Tecum is made, the judge or
officer shall examine and
study carefully such
SUBPOENA AD TESTIFICANDUM is a process directed to application to determine
a person requiring him to attend and to testify at the whether the same is made
hearing or trial of an action, or at any investigation for a valid purpose.
conducted by competent authority, or for the taking of No prisoner
his deposition. So you are required to appear there and sentenced to death,
testify in court. reclusion perpetua or life
imprisonment and who is
SUBPOENA DUCES TECUM is a process directed to a confined in any penal
person where it requires him to bring with him any books, institution shall be
documents or other things under his control. So, in brought outside the said
other words we are more interested in his documents, penal institution for
which are in his custody. Whereas in ad testificandum, appearance or attendance
we are more interested in his oral testimony. in any court unless
authorized by the
Now, take note that a subpoena is a process, Supreme Court. (2a, R23)
which requires a witness to testify not only during the
hearing or the trial of his case but also any investigation Q: Who are authorized to issue subpoena?
conducted by competent authority like the prosecutor A: The following:
conducting a preliminary investigation or quasi-judicial 1. The court before whom the witness is
bodies such as the Labor Arbiter or the Senate Blue required to attend the most common is
Ribbon Committee. the court where the court is pending;
JBD
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.
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)
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 Now, can a subpoena be quashed? To quash Well, the best example is if it violates Section 3 The court may quash a subpoena ad testificandum on
means to have it dissolved. What are the grounds to it does not contain a reasonable description of the the ground that the witness is not bound thereby.
quash a subpoena? book, documents or things demanded.

Sec. 4. Quashing a Q: When is a witness not bound by a subpoena?

subpoena. The court may Second Ground: THE RELEVANCY OF THE BOOKS OR A: The best answer is Section 10 of this rule if
quash a subpoena duces DOCUMENTS DOES NOT APPEAR your residence is more than 100 kilometers from the
tecum upon motion place of trial. So, you cannot compel by subpoena from
promptly made and, in any Meaning, there appears to be no connection Davao to come to Cebu to testify because that is more
event, at or before the time between the documents, which are being sought, and than 100 kms., even if you are willing to pay for his
specified therein if it is the issues in the case. transportation and stay in Cebu.
unreasonable and
oppressive, or the relevancy Example, in a collection case, you were required In either case, the subpoena may be quashed for
of the books, documents or to bring your birth certificate, marriage contract, etc. failure to tender the witness fees and kilometrage
things does not appear, or if allowed by the Rules.
the person in whose behalf Third Ground: THE PERSON IN WHOSE BEHALF THE
the subpoena is issued fails SUBPOENA IS ISSUED FAILS TO ADVANCE THE In either case, whether subpoena duces tecum
to advance the reasonable REASONABLE PRODUCTION THEREOF or ad testificandum, the last sentence says, You must
cost of the production also tender the witness fees and kilometrage allowed
thereof. This is a very common situation: by this rules. Ano ba yang witness fees? I think thats
The court may quash a Rule 141, yun bang pamasahe. There is a computation
subpoena ad testificandum A bank received his subpoena duces tecum, there. How much you have to pay the witness for his
on the ground that the Present to court the ledger of the return check of transportation and witness fees. That is different from
witness is not bound somebody. And this check was issued and sent to you the reasonable cost and reproduction in the first
thereby. In either case, the four years ago. Do you know the inconvenience when paragraph. So, these are the grounds for questioning a
subpoena may be quashed a company is asked to bring to court documents subpoena.
on the ground that the especially yung matagal na? Practically, the company
witness fees and has to assign the employee out of his usual job. He is
kilometrage allowed by pulled out from his usual job to look for these in the Sec. 5. Subpoena for
these Rules were not archives. Maybe it will take him two or three days to depositions. Proof of service
tendered when the locate and then he will be required to go to court of a notice to take a
subpoena was served. (4a, where you will miss your work because you will be in deposition, as provided in
R23) court and yet the person who demand the subpoena sections 15 and 25 of Rule
duces tecum has never been bothered to pay service 23, shall constitute
GROUNDS TO QUASH SUBPOENA DUCES TECUM fee for that. Meaning, dapat magbayad siya sufficient authorization for
reasonable cost. the issuance of subpoenas
To quash there must be a motion filed. for the persons named in
Of course, the law does not say how much. Sa said notice by the clerk of
Grounds for quashing a subpoena duces tecum: gobyerno nga papirma ka lang diyan ng isang pirma the court of the place in
bayad ka na ng service fee. How much more in the which the deposition is to
1.) If the subpoena duces tecum is private sector, where you are requiring a company to be taken. The clerk shall
unreasonable and oppressive; look for a document? He is the one to look and then not, however, issue a
2.) The relevancy of the books, things or somebody will go to court. He will not be reporting for subpoena duces tecum to
documents does not appear; work and yet you have not even offered anything to any such person without
3.) the person in whose behalf the the company. an order of the court. (5a,
subpoena is issued fails to advance R23)
the reasonable cost for the production
thereof. Now, lets us skip Section 5 for the meantime
GROUND TO QUASH SUBPOENA AD because that is deposition.
First Ground: IF THE SUBPOENA DUCES TECUM IS TESTIFICANDUM
UNREASONABLE AND OPPRESSIVE Sec. 6. Service.
Service of a subpoena shall

JBD 284
 be made in the same
manner as personal or
substituted service of
summons. The original shall
be exhibited and a copy
thereof delivered to the
person on whom it is served,
tendering to him the fees
for one days attendance
and the kilometrage
allowed by these Rules,
except that, when a GENERAL RULE: You cannot be compelled to
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. The
service must be made so as
to allow the witness a
reasonable time for
preparation and travel to
the place of attendance. If
the subpoena is duces
tecum, the reasonable cost
of producing the books,
documents or things
demanded shall also be
tendered. (6a, R23)
The first sentence says, Service of the subpoena
shall be made in the same manner as personal or
substituted service of summons. That is a new
provision. So, the mode of service of summons, service
in person or substituted is also the manner of serving
subpoena. So there is now a substituted service of
subpoena. You can leave it to the wife.
1. The original shall be exhibited and a copy
thereof delivered to the person on whom it is served;
2. tendering to him the fees for one day's
attendance or kilometrage allowed by the Rules; except
that, 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;
3. the service must be made so as to allow the
witness a reasonable time for preparation and travel to
the place of attendance; and
4. if the subpoena is duces mecum, the reasonable
cost of producing the books, documents, or things
demanded shall also be tendered.
him pay the cost of such warrant
Sec. 7. Personal and seizure, if the court should
appearance in court. A determine that his disobedience was
person present in court willful and without just cause
before a judicial officer (Section 8). That is what you call a
may be required to testify warrant to arrest a recalcitrant
as if he were in witness.
attendance upon a 2.) Declare him in contempt of court for
subpoena issued by such failure to obey the subpoena
court or officer. (10, R23) (Section 9)
testify if you have not been served with a subpoena. ENFORCEABILITY OF SUBPOENA
EXCEPTION: Section 7 a person present in
court before a judicial officer maybe required to testify, Sec. 10. Exceptions.
as if he is under subpoena. The provisions of sections
8 and 9 of this Rule shall
not apply to a witness who
FAILURE TO APPEAR; CONSEQUENCES resides more than one
hundred (100) kilometers
Sec. 8. Compelling attendance. In case from his residence to the
of failure of a witness to attend, the place where he is to testify
court or judge issuing the subpoena, by the ordinary course of
upon proof of the service thereof and travel, or to a detention
of the failure of the witness, may prisoner if no permission
issue a warrant to the sheriff of the of the court in which his
province, or his deputy, to arrest the case is pending was
witness and bring him before the obtained. (9a, R23)
court or officer where his attendance
is required, and the cost of such Provisions regarding the compelling of
warrant and seizure of such witness attendance (Sec. 8) and contempt (Sec. 9) do not apply
shall be paid by the witness if the where:
court issuing it shall determine that 1. the witness resides more than 100 kilometers
his failure to answer the subpoena from his residence to the place where he is to testify by
was willful and without just excuse. the ordinary course of travel (Viatory right).
(11, R23) Note: This refers only to civil and not to criminal
cases (Ganorga vs. Quitain GR No. 891, July 21, 1977)
Sec. 9. Contempt. Failure by any
person without adequate cause to 2. Permission of the court in which the detention
obey a subpoena served upon him prisoner's case is pending was not obtained.
shall be deemed a contempt of the
court from which the subpoena is This 100-km distance does not apply if it is a criminal
issued. If the subpoena was not case where the accused would like to seek the
issued by a court, the disobedience compulsory process issued to secure the attendance of
thereto shall be punished in witnesses in his behalf because that is a superior right.
accordance with the applicable law
or Rule. (12a, R23) That is how the SC interpreted it in the case of
PEOPLE vs. MONTEJO (21 SCRA 722 [1965]),
Consequences if the witness refuses to appear after he reiterated in GENORGA vs. QUITAIN (78 SCRA 94)
was subpoenaed: that the 50-km (now 100-km) limitation applies only to
1.) You can ask the court to issue a civil cases, but not to criminal cases, especially if the
warrant for his arrest and to make person to be subpoenaed is a defense witness because
JBD 285
of the constitutional right of the accused which is a right
which cannot be curtailed by the Rules of Court.
SUMMONS vs. SUBPOENA
1. SUBPOENA is directed to a
witness; whereas
SUMMONS is directed to a defendant
in a civil case;
2. In SUBPOENA, the witness is
directed to appear in court to
testify or to bring documents;
whereas
In SUMMONS, the defendant is
informed that a complaint is
filed against him and he must
file a responsive pleading within
the period otherwise, judgment
can be rendered;
3. In SUBPOENA, the witness will
be declared in contempt or his
attendance can be compelled by
the issuance of a warrant for his
arrest; whereas
In SUMMONS, a judgment in default
will be rendered against the
defendant who fails to comply.
4. SUBPOENA applicable to both criminal
and civil case; whereas
SUMMONS applies only to civil cases.
5. In SUBPOENA, there is a 100-km
limitation of its enforceability;
whereas
In SUMMONS, there is no distance
limitation.
Reviewer-
Subpoena (Rule 21)
1. Subpoena duces tecum
Rule 21, 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.
2. Subpoena ad testificandum
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.
(Rule 21, Section 1)
Who issues subpoena?
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 SC or of the CA in any case or
investigation pending within the
Philippines (Rule 21, Sec. 2)
What are the contents of subpoena?
It 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 (Rule 21, Sec. 3)
3. Service of subpoena
Rule 21, Sec. 6. Service.
Service of a subpoena shall be made in the same
manner as personal or substituted
service of summons. The original shall be exhibited
and a copy thereof delivered to the
person on whom it is served, tendering to him the fees
for one days attendance and the
kilometrage allowed by these Rules, except that, 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. The service must be made
so as to allow the witness a reasonable time for
preparation and travel to the place of attendance. If
the subpoena is duces tecum, the
reasonable cost of producing the books, documents or
things demanded shall also be
tendered.
JBD
4. Compelling attendance of witnesses;
Contempt
Rule 21, Sec. 8. Compelling attendance.
In case of failure of a witness to attend, the court or
judge issuing the subpoena, upon
proof of the service thereof and of the failure of the
witness, may issue a warrant to the
sheriff of the province, or his deputy, to arrest the
witness and bring him before the court or officer where
his attendance is required, and the cost of such warrant
and seizure of such witness shall be paid by the witness
if the court issuing it shall determine that his failure to
answer the subpoena was willful and without just
excuse.
Rule 21, Sec. 9. Contempt.
Failure by any person without adequate cause to obey
a subpoena served upon him shall
be deemed a contempt of the court from which the
subpoena is issued. If the subpoena was not issued by
a court, the disobedience thereto shall be punished in
accordance with the applicable law or Rule.
5. Quashing of subpoena
Rule 21, 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.
286