Definition and Types of Subpoena
A subpoena is a process directed to a person requiring attendance to testify, or to testify and produce documents or other things. The court or official conducting the hearing or investigation issues it under competent authority. There are two main types:
- Subpoena ad testificandum: Requires a person to appear and testify.
- Subpoena duces tecum: Requires a person to appear and testify, and also bring specific books, documents, or other things under their control.
Issuance Authority
Subpoenas may be issued by various authorities, depending on the context:
- The court before whom the witness is required to attend.
- The court of the place where the deposition is to be taken.
- An officer authorized by law to do so in connection with investigations conducted by said officer or body.
- Any Justice of the Supreme Court or of the Court of Appeals in any case or investigation pending within the Philippines.
An officer conducting a pending investigation can issue subpoenas, extending to pre-trial processes where the complaint or information has been filed in court.
Form and Contents
A subpoena must state the name of the court and the title of the action or investigation. If it is a subpoena duces tecum, it must contain a reasonable description of the books, documents, or things demanded.
Service of Subpoena
Service of a subpoena may be made in the same manner as personal or substituted service of summons. The original subpoena is exhibited, and a copy is tendered to the person upon whom it is served. The service must be made so as to allow the witness a reasonable time for preparation and travel.
The modes of service include:
- Personal service, by handing a copy and informing the person that they are being served.
- Substituted service, by leaving copies at the witness' residence or office under specific conditions.
- Sending an electronic mail to the witness' electronic mail address, if allowed by the court.
For substituted service of summons on a natural person, it may be effected by leaving copies at the defendant's residence with a person at least eighteen (18) years old and of suitable discretion, or by leaving copies at the defendant's office or regular place of business with some competent person in charge.
Attendance Requirements and Exceptions
A person served with a subpoena must attend as required. However, certain exceptions exist:
- A witness is not obliged to attend if they reside more than one hundred (100) kilometers from their residence to the place where they are to testify by the ordinary course of travel, or to a detention prisoner if no permission in the case pending was obtained.
Note: A person confined in prison may be taken for deposition only by leave of court upon prescribed terms, reiterating the need for permission for a detention prisoner. - A person present in court may be required to testify if subpoenaed by the court or officer.
Quashing a Subpoena
A subpoena, particularly a subpoena duces tecum, may be quashed upon motion promptly made and, in any event, at or before the time specified therein, if it is:
- Unreasonable and oppressive.
- If the relevancy of the books, documents, or things does not appear.
- If the person in whose behalf the subpoena is issued fails to advance the reasonable cost of production.
A subpoena ad testificandum may be quashed if the witness is not bound to testify thereby or the witness fees and kilometrage were not tendered. The court's examination of the issue when quashing considers relevancy and whether producing the document would constitute an unlawful invasion of privacy. Refusal to produce documents is allowed if the witness has a reasonable excuse recognized by the court or government entity issuing the subpoena.
Costs and Consequences
Costs for attendance and production of documents or other materials subject to a subpoena duces tecum shall be tendered or charged accordingly. Failure to obey a subpoena without justifiable cause may be deemed contempt of court.