M.

Subpoena (Rule 21) re-numbered to Rule 20

NOTE1: No amendment in the Rule on CALENDAR OF CASES which should be now RE-NUMBERED as
Rule 19 (not Rule 20)

NOTE2: Rule on SUBPOENA should now be RE-NUMBERED as Rule 20 (not Rule 21).

NOTE3: No amendment in Sec. 2 (By whom issued), Sec. 3 (Form and contents), Sec. 4 (Quashing a subpoena)
and Sec. 5 (Subpoena for depositions)

NOTE4: The amendments in Sec. 1 (Subpoena and subpoena duces tecum), Sec. 7 (Personal appearance in
court), Sec. 8 (Compelling attendance), Sec. 9 (Contempt), and Sec. 10 (Exceptions) are merely gender-based.

SECTION ORIGINAL PROVISION AMENDED PROVISION REMARKS

Section Subpoena is a process directed Subpoena is a process directed to ❑ The amendment is

1. Subpoena to a person requiring him to a person requiring him or her to merely gender-based.
and subpoena attend and to testify at the attend and to testify at the hearing
duces tecum. hearing or the trial of an action, or the trial of an action, or at any
or at any investigation investigation conducted by
conducted by competent competent authority, or for the
authority, or for the taking of his taking of his or her deposition. It
deposition. It may also require may also require him or her to
him to bring with him any bring with him or her any books,
books, documents, or other documents, or other things under
things under his control, in his or her control, in which case it
which case it is called a is called a subpoena duces tecum.
subpoena duces tecum. (1a,
R23)

Section 2. By The subpoena may be issued by [No amendment]

whom issued. —
(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 investigation
pending within the Philippines.

When application for a

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

No prisoner sentenced to
 death, reclusion perpetua or 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 A subpoena shall state the name [No amendment]

3. Form and of the court and the title of the
contents. 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 court prima facie relevant.
(3a, R23)

Section The court may quash a [No amendment]

4. Quashing a subpoena duces tecum upon
subpoena. motion promptly 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 testificandum on 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 Proof of service of a notice to [No amendment]

5. Subpoena take a deposition, as provided in
for depositions. 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 tecum to any
such person without an order of
the court. (5a, R23)

Section Service of a subpoena shall be Service of a subpoena shall be ❑ The amendment in

6. Service.  made in the same manner as made in the same manner as the first paragraph of
personal or substituted service personal or substituted service of Sec. 6 is that the
of summons. The original shall summons. The original shall be matters on the need to
be exhibited and a copy thereof exhibited and a copy thereof tender the fees to the
delivered to the person on whom delivered to the person on whom person subject of the
it is served, tendering to him the it is served. The service must be subpoena for one
fees for one day's attendance made so as to allow the witness a day’s attendance and
and the kilometrage allowed by reasonable time for preparation the kilometrage
these Rules, except that, when a and travel to the place of allowed, as well as on
subpoena is issued by or on attendance. the subpoenas issued
behalf of the Republic of the on behalf of the
Philippines or an officer or Republic of the
agency thereof, the tender need Philippines or an
not be made. The service must officer or agency
be made so as to allow the thereof, have been
witness a reasonable time for deleted.
preparation and travel to the
place of attendance. If the ❑ Also, the entire
subpoena is duces tecum, the Costs for court attendance and
the production of documents 2nd par. of the old
reasonable cost of producing the Sec. 6 has been re-
books, documents or things and other materials subject of
the subpoena shall be tendered worded.
demanded shall also be
or charged accordingly. ❑ The cost for court
tendered. (6a, R23)
attendance and the
production of
documents and other
materials subject of
the subpoena has to
be tendered or
charged accordingly.

Section A person present in court before A person present in court before a ❑ The amendment is
7. Personal a judicial officer may be judicial officer may be required to merely gender-based.
appearance in required to testify as if he were testify as if he or she were in
court.  in attendance upon a subpoena attendance upon a subpoena
is sued by such court or officer. issued by such court or officer.
(10, R23)

Section  In case of failure of a witness to In case of failure of a witness to ❑ The amendment is
8. Compelling attend, the court or judge issuing attend, the court or judge issuing merely gender-based.
attendance. the subpoena, upon proof of the the subpoena, upon proof of the
service thereof and of the failure service thereof and of the failure
of the witness, may issue a of the witness, may issue a
warrant to the sheriff of the warrant to the sheriff of the
province, or his deputy, to arrest province, or his or her deputy, to
the witness and bring him before arrest the witness and bring
the court or officer where his him or her before the court or
attendance is required, and the officer where his or
cost of such warrant and seizure her attendance is required, and the
of such witness shall be paid by cost of such warrant and seizure
 the witness if the court issuing it of such witness shall be paid by
shall determine that his failure the witness if the court issuing it
to answer the subpoena was shall determine that his or
willful and without just excuse. her failure to answer the subpoena
(11, R23) was willful and without just
excuse.

Section  Failure by any person without Failure by any person without ❑ The amendment is
9. Contempt. adequate cause to obey a adequate cause to obey a merely gender-based.
subpoena served upon him shall subpoena served upon him or
be deemed a contempt of the her shall be deemed a contempt of
court from which the subpoena the court from which the subpoena
is issued. If the subpoena was is issued. If the subpoena was not
not issued by a court, the issued by a court, the
disobedience thereto shall be disobedience thereto shall be
punished in accordance with the punished in accordance with the
applicable law or Rule. (12a applicable law or Rule.
R23)

Section The provisions of sections 8 and  The provisions of Sections 8 and ❑ The amendment is
10. Exceptions.  9 of this Rule shall not apply to 9 of this Rule shall not apply to a merely gender-based.
a witness who resides more than witness who resides more than
one hundred (100) kilometers one hundred (100) kilometers
from his residence to the place from his or her residence to the
where he is to testify by the place where he or she is to testify
ordinary course of travel, or to a by the ordinary course of travel, or
detention prisoner if no to a detention prisoner if no
permission of the court in which permission of the court in which
his case is pending was his or her case is pending was
obtained. (9a, R23) obtained.