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  • Collado V Bravo

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    Stella Lyn
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    Bravo, a clerk of court, issued a subpoena directing Collado to appear in court to discuss a labor dispute involving Collado's son, even though no official complaint or case had been filed. When Collado arrived, Bravo admitted no actual case existed and the subpoena was improperly issued solely to allow a discussion between Collado and another party. The court ruled Bravo's issuance of the subpoena was not connected to her official duties and was invalid, as a subpoena can only be issued in relation to an actual pending legal proceeding. Bravo was found to have misused her authority as clerk of court.

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    Case digest

    Original Title

    1. Collado v Bravo

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    Bravo, a clerk of court, issued a subpoena directing Collado to appear in court to discuss a labor dispute involving Collado's son, even though no official complaint or case had been filed. When Collado arrived, Bravo admitted no actual case existed and the subpoena was improperly issued solely to allow a discussion between Collado and another party. The court ruled Bravo's issuance of the subpoena was not connected to her official duties and was invalid, as a subpoena can only be issued in relation to an actual pending legal proceeding. Bravo was found to have misused her authority as clerk of court.

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    © All Rights Reserved
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    117 views1 page

    Collado V Bravo

    Uploaded by

    Stella Lyn
    Bravo, a clerk of court, issued a subpoena directing Collado to appear in court to discuss a labor dispute involving Collado's son, even though no official complaint or case had been filed. When Collado arrived, Bravo admitted no actual case existed and the subpoena was improperly issued solely to allow a discussion between Collado and another party. The court ruled Bravo's issuance of the subpoena was not connected to her official duties and was invalid, as a subpoena can only be issued in relation to an actual pending legal proceeding. Bravo was found to have misused her authority as clerk of court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Collado v Bravo

    FACTS

    [This is a case for Grave Misconduct against Bravo]

    Collado received through priority mail, a subpoena from the MTC directing her to appear before the said
    court at 2:00 P.M., July 14, 1997. The subpoena was duly signed by Bravo in her capacity as Clerk of Court.

    Upon arriving at the MTC, Collado asked for copies of the complaint and other details of the case but
    Bravo replied that no complaint had been filed and her intention in issuing the subpoena was to allow a
    certain Perla Baterina [a labor recruiter of Collados son] to talk to Collado.

    ISSUE: W/N the subpoena was properly issued?

    RULING: NO

    Bravos act of issuing the subpoena was evidently not directly or remotely connected with her judicial or
    administrative duties. It appears that she merely wanted to act as a mediator or conciliator in the dispute
    between Collado and the Baterinas, upon the request of the latter.

    As Clerk of Court, she is primarily tasked with making out and issuing all writs and processes issuing from
    the court. She ought to know what a subpoena is. A 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. She should have known that a process is the
    means whereby a court compels the appearance of the defendant before it, or a compliance with its
    demands.

    Hence, absent any proceedings, suit, or action commenced or pending before a court, a subpoena may
    not issue.

    In this case, Bravo knew there was no case filed against Collado. Neither had Collado commenced any
    proceeding against the Baterinas for whose benefit the subpoena was issued. Bravo, then, had absolutely
    neither the power nor the authority nor the duty to issue a subpoena to Collado.

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