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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)

Section 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 investigationpending within the Philippines.

When application for a subpoena to a prisoner is made, the judge or officer shall examine and studycarefully such application to determine whether the same is made for a valid purpose.

No prisoner sentenced to death, reclusion perpetuaor 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)

Section 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 courtprima facierelevant. (3a, R23)

Section 4.Quashing a subpoena.

The court may quash a subpoena duces tecumupon motionpromptly 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 testificandumon 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)

Section 5.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 tecumto any such

person without an order of the court. (5a, R23)

Section 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 day's 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

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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)

Section 7.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.

(10, R23)

Section 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. (11, R23)

Section 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 withthe applicable law or Rule. (12a R23)

Section 10.Exceptions.The provisions of sections 8 and 9 of this Rule shall not apply to a

witness who 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 to a detention prisoner if no permission of

the court in which his case is pending was obtained. (9a, R23)