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SUMMONS v SUBPOENA

SUMMONS

■ Under What Rule?

Rules on Summons can be found under Rule 14 of Rules of Court.

WHEN? WHO ISSUES? TO WHOM?

■ Section 1. Clerk to issue summons. — Upon the (1)filing of the complaint and (2) the
payment of the requisite legal fees, the clerk of court shall forthwith issue the
corresponding summons to the defendants.

CONTENTS

■ Section 2. Contents. — The summons shall be directed to the defendant, signed by the
clerk of court under seal and contain (a) the name of the court and the names of the
parties to the action; (b) a direction that the defendant answer within the time fixed by
these Rules; (c) a notice that unless the defendant so answers plaintiff will take
judgment by default and may be granted the relief applied for.

■ A copy of the complaint and order for appointment of guardian ad litem if any, shall be
attached to the original and each copy of the summons.

WHO SERVES THE SUMMONS?

■ Section 3. By whom served. — The summons may be served by the sheriff, his deputy,
or other proper court officer, or for justifiable reasons by any suitable person authorized
by the court issuing the summons.

■ Section 4. Return. — When the service has been completed, the server shall, within
five (5) days therefrom, serve a copy of the return, personally or by registered mail, to
the plaintiff's counsel, and shall return the summons to the clerk, who issued it,
accompanied by proof of service.

■ Section 5. Issuance of alias summons. — If a summons is returned without being


served on any or all of the defendants, the server shall also serve a copy of the return
on the plaintiff's counsel, stating the reasons for the failure of service, within five (5)
days therefrom. In such a case, or if the summons has been lost, the clerk, on demand
of the plaintiff, may issue an alias summons.
SUBPOENA

■ Under What Rule?

Rules on Subpoena can be found under Rule 21 of Rules of Court.

WHO ISSUES?

Section 2. By whom issued. — The subpoena may be issued by —

(a) the court before whom the witness is required to attend;

(b) the court of the place where the deposition is to be taken;

(c) the officer or body authorized by law to do so in connection with investigations


conducted by said officer or body; or

(d) any Justice of the Supreme Court or of 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 said penal institution for appearance or
attendance in any court unless authorized by the Supreme Court

FORM AND CONTENTS

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.