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Rule 21 - Regalado
Rule 21 - Regalado
Section 3 - Form and contents But nothing in this section shall be so construed as to prevent the court from issuing process to bring the respondent into court, or
from holding him in custody pending such proceedings
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, 2. Indirect contempt –
documents or things demanded which must appear to the court prima facie relevant.
a. To be punished only after written charge and hearing
Section 4 - Quashing a subpoena
Section 10 – Exceptions
The court may quash a subpoena duces tecum upon motion promptly made and, in any event, at or before the time specified The provisions of sections 8 and 9 of this Rule shall not apply to a witness who resides more than 100 kilometers from his residence
therein if it is unreasonable and oppressive, or the relevancy of the books, documents or things does not appear, or if the person in 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
whose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof. case is pending was obtained.
The court may quash a subpoena ad testificandum on the ground that the witness is not bound thereby. In either 1. Viatory right of a witness –
case, the subpoena may be quashed on the ground that the witness fees and kilometrage allowed by these Rules a. Right not to be compelled to attend upon a subpoena by reason of distance from residence of
were not tendered when the subpoena was served. witness to the place where he is to testify
2. Availability of viatory right of a witness –
1. Requisites to quash a ‘subpoena duces tecum’ upon a proof that – a. People vs. Montejo – only in civil cases; not available in criminal cases
1) Subpoena is unreasonable and oppressive 3. 1997 Rules -
2) Articles sought to be produced do not appear to be prima facie relevant to the issues a. Does not distinguish as to whether or not the witness resides in the same province as the place
3) The person asking for the subpoena does not advance the cost for production of the articles desired where he is required to go and testify or produce documents
2. Section 4, Par. 2 – added to make it explicit that a ‘subpoena ad testificandum’ b. Determinative – distance between both places does not exceed 100 kilometers by ordinary course
a. If the witness is not bound thereby – *Sec. 10 of travel – generally by overland transportation