iv. Upon Specific Persons and Entities

A subpoena:

• Shall state the name of the court and the title of the action or investigation;
• It shall be directed to the person whose attendance is required; and
• In a subpoena duces tecum, it shall contain a reasonable description of the books, documents or things demanded which must appear to the court prima facie relevant.

“Suitable Age and Discretion”

A person of suitable age and discretion is one who has attained the age of full legal capacity (18 years old) and is considered to have enough discernment to understand the importance of a summons.

Discretion is defined as “the ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed”.

Thus, to be of sufficient discretion, such person must know how to read and understand English to comprehend the import of the summons, and fully realize the need to deliver the summons and complaint to the defendant at the earliest possible time for the person to take appropriate action.

Thus, the person must have the “relation of confidence” to the defendant, ensuring that the latter would receive or at least be notified of the receipt of the summons.

Elements<br>As regards an attorney or any person reasonably believed by the client to be licensed to engage in the practice of law

• Without the consent of his client
• Cannot be examined as to
• Any communication made by the client to him/her, or
• His/her advice given thereon in the course of, or with a view to, professional employment [Sec 24(b), Rule 130]

Respondent in Prohibition

An inferior court, tribunal, corporation, board, officer, or other person, exercising

• Judicial;
• Quasi-judicial; or
• Ministerial functions. (Sec. 2, Rule 65)

When what is at contest is the power and authority of a private organization, composed of several members-organizations, which power and authority were vested to it by its own members, prohibition will not lie. The definition and purpose of a writ of prohibition excludes the use of the writ against any person or group of persons acting in a purely private capacity, and the writ will not be issued against private individuals or corporations so acting. (Destileria Limtuaco & Co. v. Advertising Board of the Philippines, G.R. No. 164242, 2008)

Who may file

The Committee chose the phrase “any person claiming custody” as it is broad enough to cover the following:

• The unlawful deprivation of the custody of a minor; or
• Which parent shall have the care and custody of a minor, when such parent is in the midst of nullity, annulment or legal separation proceedings. (Sec. 2, A.M. NO. 03-04-04-SC)

Priest and Penitent

A minister, priest or person reasonably believed to be so cannot, without the consent of the affected person, be examined as to any communication or confession made to or any advice given by him or her, in his or her professional character, in the course of discipline enjoined by the church to which the minister or priest belongs. (Rule 130, Sec. 24[d])