In investigations or court proceedings, it is necessary to gather and go through every evidence that may help in a particular case. The courts may call upon any individual or items incident to the case, a subpoena. This is defined as a process that is directed to a person that compels them to attend and testify in a hearing, investigation, or trial. Its purpose is to compel attendance, compel and collect the production of evidence.
Legal Bases
The rules on subpoena and its issuance are governed by the Rules of Court and the Rules of Criminal Procedure. Rules of Court, Rule 21 discusses the definition, elements, and all the other legalities of the subpoena. This ensures an orderly and fair issuance of subpoenas for a proper proceeding to take place. Rules of criminal procedure touches upon trials and provisions on search and seizure that are in relation to subpoenas as well, implicitly covering production orders.
Kinds of Subpoena
There are two kinds of subpoena: subpoena duces tecum and subpoena ad testificandum. Subpoena duces tecum is a document which requires the production of books, documents, and other necessary tangible materials. The materials indicated must have relevancy and materiality to the case and must be described with reasonable particularity, and is subject to tests of relevance and definiteness. Furthermore the party that is requesting must prove that they have custody.
In the case of Republic vs Sandiganbayan, the Sandiganbayan, upon the Office of the Special Prosecutor’s request, subpoenaed the Anti-Money Laundering Council to produce and testify against Lionair Inc.’s bank records in a plunder case. The court ruled that the AMLC can disclose suspicious transaction reports when subpoenaed. They stated that the tipping-off confidentiality rule only applies to banks. Lionair’s waiver lifted the bank secrecy, making the subpoena meet the tests of definiteness and relevance1.
On the other hand, subpoena ad testificandum mandates a person to appear in court to testify. This type of subpoena is applicable for trials, hearings, and investigations. While the other one focuses on tangible materials, this type of subpoena focuses on people or persons for testimonies.
Nature and Purpose
Subpoenas are essential in the progress of case proceedings. One purpose of this is to compel the attendance and testimony of witnesses who may be essential in investigations. In relation to this, another purpose of a subpoena is to legally obtain all necessary documentary evidence to arrive with a just resolution. It is also to ensure effective exercise of judicial and quasi-judicial power. Evidently, it is to enforce accountability and truth-seeking in all proceedings
Requisites and Validity
Like any other legal documents or matters, a subpoena has certain requisites for its validity. It must be issued by someone who is authorized to do so. Generally, they are issued by the courts and quasi-judicial bodies. These can be judges, clerks of court, and the like. They can also be issued by non-judicial officers. For criminal cases, the Philippine National Police and Criminal Investigation and Detection Group can issue a subpoena2. Moreover, the Bureau of Internal Revenue, for civil cases, can issue a subpoena duces tecum3.
Another requisite is with regards to the process of serving the subpoenas. The personal service is the preferred method when serving the subpoena. Through this, it must be made to the witness or custodian personally. Another is the substituted or constructive service, which is allowed if personal service cannot be done.
Time for compliance must also be taken into consideration. There must be enough time for the person subpoenaed or the documents that were asked to be submitted and comply with. Completing and fulfilling the subpoena must not be done in a rush, and should be given a reasonable advance notice. Additionally, there are special rules when it comes to consumer records or confidential information. In relation to this, the documents requested in the subpoena must be relevant to the issue or case, otherwise it won’t be considered.
Grounds for Quashal
If a subpoena was issued and disregards the requisites, Rule 21 Section 4 provides that one may file a motion to quash and it also provides the grounds for quashal, which are as follows
- Subpoena is unreasonable or oppressive due to lack of particularity (being vague) or that compliance would be an exceedingly difficult burden on the witness
- Lack of relevancy wherein the subpoena fails to comply with the requirements of definiteness and materiality
- Failure to tender fees or advance production costs. The subpoena may be quashed when there is a lack of indicating the advance reasonable cost of producing the documents or things to be demanded
- When the witness is not bound, which may be cause by the lack of jurisdiction or territorial limits. As provided in Rule 21 Section 13, one cannot be compelled to attend a deposition outside the province he or she resides in (more than 100km for their home or work)
Remedies and Enforcement
If the subpoena is oppressive or unreasonable, one may file a motion to quash it to evidently declare the subpoena invalid. Protective orders may likewise be sought if a subpoena is overly broad and compels one to reveal privileged information. As a result, the subpoena may be modified. A judicial review may also be done if one believes that the court has made a grave abuse of discretion in issuing the subpoena. One may file a petition for certiorari with a higher court for subpoena to be reviewed.
Consequences for Non-Compliance
Philippine laws also stipulate the consequences for non-compliance when issued a subpoena. Refusal to produce the requested materials or to appear to testify, brings about several consequences. Rule 71 governs the court’s power to punish for contempt, wherein its basis is the willful disregard of lawful court order for refusing to answer as witness. They can be punished through a fine or imprisonment. Moreover, refusing to follow through the subpoena may result in the party’s claims being dismissed or cause adverse effects on the case or credibility. Furthermore, there are also consequences in instances wherein one fails to attend to court. In appropriate cases, a warrant of arrest may be issued. Additionally, the court may adjudge or declare guilty the witness in contempt of court.
Considerations
There are also other considerations to be taken note of with regards to issuing a subpoena. In preliminary investigations, these can still proceed whether one appears or not after being subpoenaed. When a subpoena is delivered through personal service and is not accepted by the individual, this may already be considered as a refusal to comply – which may bring about legal consequences.
- Republic of the Philippines v. Sandiganbayan, G.R. Nos. 232724–27, February 15, 2021, Supreme Court of the Philippines. https://lawphil.net/judjuris/juri2021/feb2021/gr_232724-27_2021.html ↩︎
- Republic Act No. 10973, An Act Granting the Chief of the Philippine National Police (PNP) and the Director and the Deputy Director for Administration of the Criminal Investigation and Detection Group (CIDG) the Authority to Administer Oath and to Issue Subpoena and Subpoena Duces Tecum ↩︎
- Republic Act No. 8424, Tax Reform Act of 1997, Section 266 ↩︎
