1. Issuance

K. Subpoena (Rule 21)

> RULE 21 SUBPOENA Section 1. Subpoena and subpoena duces tecum. – Subpoena is a process directed to a person requiring him or her 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 or her deposition. It may also require him to bring with him or her any books, documents, or other things under his or her control, in which case it is called a subpoena duces tecum. (1a) Section 2. By whom issued. – The subpoena may be issued by –

(a) [T]he court before whom the witness is required to attend; (b) [T]he court of the place where the deposition is to be taken; (c) [T]he officer or body authorized by law to do so in connection with investigations conducted by said officer or body; or (d) [A]ny Justice of the Supreme Court or 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 penal institution for appearance or attendance in any court unless authorized by the Supreme Court. (2a) Section 3. Form and contents. – 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, documents or things demanded which must appear to the court prima facie relevant. (3) Section 4. Quashing a subpoena. – The court may quash a subpoena duces tecum upon 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. (4) Section 5. Subpoena for depositions. – Proof of service of a notice to take a deposition, as provided in [S]ections 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. (5) Section 6. Service. – Service of a subpoena shall be made in the same manner as personal or substituted service of summons. The original shall be exhibited and a copy thereof delivered to the person on whom it is served. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. Costs for court attendance and the production of documents and other materials subject of the subpoena shall be tendered or charged accordingly. (6a) Section 7. Personal appearance in court. – A person present in court before a judicial officer may be required to testify as if he or she were in attendance upon a subpoena issued by such court or officer. (7a) Section 8. Compelling attendance. – In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the province, or his or her deputy, to arrest the witness and bring him or her before the court or officer where his or her attendance is required, and the cost of such warrant and seizure of such witness shall be paid by the witness if the court issuing it shall determine that his or her failure to answer the subpoena was willful and without just excuse. (8a) Section 9. Contempt. – Failure by any person without adequate cause to obey a subpoena served upon him or her shall be deemed a contempt of the court from which the subpoena is issued. If the subpoena was not issued by a court, the disobedience thereto shall be punished in accordance with the applicable law or Rule. (9a) Section 10. Exceptions. – The provisions of [S]ections 8 and 9 of this Rule shall not apply to a witness who resides more than one hundred (100) kilometers from his or her residence to the place where he or she is to testify by the ordinary course of travel, or to a detention prisoner if no permission of the court in which his or her case is pending was obtained. (10a)

Nature

The issuance of summons by the Clerk of Court is MANDATORY upon the filing of the complaint and payment of requisite legal fees. (Riano, Civil Procedure: A Restatement for the Bar, 2nd Edition, 2009)

Hearing

Petitioner and adoptee must personally appear and the former must testify before the presiding judge. The court shall also verify from the social worker whether the biological parent(s) have been properly counseled against making hurried decisions [Sec. 14, Sec. 10, R.A. 8552]

Before issuance of the adoption decree, the court shall give the adopter a supervised trial custody of the adoptee for at least within 6 months. During said period, temporary parental authority shall be vested in the adopter. The court may, motu proprio or upon motion, reduce the period or exempt the parties if it will be for the best interest of the adoptee, stating the reasons therefor (but an alien adopter is required to complete the 6-month period except if he falls under the exceptions)

If a child is below 7 and is placed with the prospective adopter through a pre-adoption placement authority, the court shall order that the prospective adopter shall enjoy all the benefits to which the biological parent is entitled from the date the adoptee is placed with him [Sec. 15; Sec. 12, R.A. 8552]

Decree of adoption to be issued which shall take effect as of the date the original petition was filed, even if the petitioner dies before its issuance

The decree shall:

• State the name by which the child is to be known and registered;
• Order the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day reglementary period to appeal;
• Order the adopter to submit a certified true copy of the decree and the certificate of finality to the Civil Registrar where the child was originally registered within 30 days from receipt of certificate of finality;
• Order the adopter to submit a certified true copy of the decree and the certificate of finality to the Civil Registrar where the child was originally registered within 30 days from receipt of certificate of finality;
• To annotate on the original birth certificate the adoption decree within 30 days from receipt of certificate of finality;
• To issue a birth certificate which shall not bear any notation that it is new or amended;
• To seal the original birth certificate in the civil registry records which can be opened only upon order of the court which issued the adoption decree; and d. to submit to the issuing court proof of compliance with the foregoing within 30 days from receipt of decree [Sec. 16; Secs. 13-14, R.A. 8552]

HOW JUDGMENT IS EXECUTED

ISSUANCE AND CONTENTS OF A WRIT OF EXECUTION