A subpoena is a process directed to a person
requiring him to attend and to testify at the hearing or trial of an action or
at any investigation conducted under the laws of the Philippines, or for the
taking of his deposition. In
this jurisdiction, there are two (2) kinds of subpoena, to wit: subpoena ad
testificandum and subpoena duces tecum. The first
is used to compel a person to testify, while the second is used to compel
the production of books, records, things or documents therein specified. As
characterized in H.C. Liebenow vs.
The Philippine Vegetable Oil Company: The subpoena duces tecum
is, in all respects, like the ordinary subpoena ad testificandum with
the exception that it concludes with an injunction that the witness shall bring
with him and produce at the examination the books, documents, or things
described in the subpoena.
Well-settled is the
rule that before a subpoena duces
tecum may issue, the court must first be satisfied that the following
requisites are present: (1) the books, documents or other things requested
must appear prima facie relevant to the issue subject of the controversy
(test
of relevancy); and (2) such books must be reasonably described by the
parties to be readily identified (test of definiteness).
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.