Quick answer

A subpoena is the process directed to a person requiring them to attend and to testify at a hearing, trial, or investigation. The Rules recognize two forms. A SUBPOENA AD TESTIFICANDUM requires a person to attend and testify. A SUBPOENA DUCES TECUM requires a person to bring with them books, documents, or other things under their control. Both may be issued not only by the court but also, in the cases the law provides, by a quasi-judicial body, an investigating officer, and by the prosecutor in a preliminary investigation, in accordance with their governing rules. The subpoena duces tecum is the more constrained of the two, because a demand for documents can easily become a fishing expedition. Jurisprudence has settled TWO TESTS that must both be met. The first is the TEST OF RELEVANCY: the books, documents, or things sought must appear prima facie relevant to the issue subject of the controversy. The second is the TEST OF DEFINITENESS or particularity: the subpoena must describe the documents with reasonable particularity, so that they are reasonably identified and the witness knows what to produce; a demand for all records of a party over a span of years, without specification, fails this test. A subpoena may be QUASHED. 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, or if the relevancy of the books and documents does not appear, or if the person in whose behalf it is issued fails to advance the reasonable cost of production. A subpoena ad testificandum may be quashed on the ground that the witness is not bound thereby, or that the witness fees and kilometrage were not tendered. Certain persons are EXEMPT from being compelled to attend, notably a witness who resides more than the distance the Rules specify from the place of hearing, in civil cases. Compliance is enforced by CONTEMPT: failure by a person who is duly served and to whom the fees were tendered, without adequate cause, to obey a subpoena may be deemed contempt of the court from which it issued, and the court may issue a warrant to bring the witness. Privileged matter remains protected, so the holder of a privilege may resist production on that ground. So a subpoena compels attendance and a subpoena duces tecum compels documents, but only where they are relevant and described with particularity, and it may be quashed as unreasonable or oppressive.

Two Kinds

Subpoena ad testificandum — attend and testify. Subpoena duces tecum — bring books, documents, or things under your control. Both may issue from a court, and from quasi-judicial bodies, investigating officers, and the prosecutor in a preliminary investigation under their own rules.

The Two Tests for Documents

RELEVANCY — the documents must appear prima facie relevant to the issue in controversy. DEFINITENESS — they must be described with reasonable particularity so the witness knows what to produce. A demand for all records over years, unspecified, fails.

Grounds to Quash

Exemptions and Enforcement

A witness residing beyond the distance the Rules specify from the hearing cannot be compelled to attend in civil cases. Failure to obey, after due service and tender of fees and without adequate cause, may be CONTEMPT, and the court may issue a warrant to bring the witness. Privileged matter may still be resisted.

Frequently Asked Questions

What is a subpoena duces tecum? A process requiring a person to attend and to bring with them books, documents, or other things under their control, as distinguished from a subpoena ad testificandum, which requires attendance to testify.

Can I refuse a subpoena for documents? You may move to quash it if it is unreasonable and oppressive, if the relevancy of the documents does not appear, or if the party seeking it failed to advance the reasonable cost of production. Privileged matter may also be resisted.

How specific must a subpoena duces tecum be? It must satisfy the test of definiteness, describing the documents with reasonable particularity so they are reasonably identified. A sweeping demand for all records over a span of years without specification fails.

What happens if I ignore a subpoena? Failure by a person duly served, to whom fees were tendered, to obey without adequate cause may be deemed contempt of the issuing court, which may also issue a warrant to bring the witness.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.