a. By Whom Issued

The Clerk of Court Shall Issue the Summons to the Defendant Upon

• Filing of the complaint; and
• Payment of the requisite legal fees.

A subpoena may be issued by:

• The Court before whom the witness is required to attend
• The Court of the place where the deposition is to be taken
• The Officer or Body authorized by law to issue a subpoena in connection with investigations conducted by said officer of body
• Any Justice of the Supreme Court or of the Court of Appeals in any case or investigation pending within the Philippines (Rule 21, Sec. 2)

By Whom Issued

COMPELLING ATTENDANCE OF WITNESSES; CONTEMPT

Subpoena for depositions

Proof of service of a notice to take a deposition, as provided in 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.

Hold-Departure Orders

Supreme Court Circular No. 39-97 dated June 19, 1997 limits the authority to issue hold departure orders to the RTCs in criminal cases within their exclusive jurisdiction.

Consequently, MTC judges have no authority to issue hold-departure orders, following the maxim, express mention implies the exclusion. Neither does he have authority to cancel one, which he issued.

The accused may be prohibited from leaving the country during the pendency of his case (Manotoc, Jr. v. CA, G.R. No. L-62100, 1986).