Category Archives: Subpoeana

At common law a governmental privilege against disclosure is recognized with respect to state secrets bearing on military, diplomatic and similar matters

This Court is unimpressed.  We agree with the view taken by the Solicitor General that the assailed subpoena duces tecum indeed particularly and sufficiently described the records to be produced.  There is every indication that petitioner knew precisely what records … Continue reading

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A situation where the Ombudsman is made to determine whether or not a judgment of the Supreme Court is unjust is an absurdity

In the present case, the “matter” that gave rise to the issuance of a subpoena duces tecum was a criminal complaint filed by the complainants Lozano for the alleged violation by retired Supreme Court Chief Justice Hilario Davide, Jr. and … Continue reading

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The right to subpoena has the twin duty to observe and abide by the terms of the Constitution and our laws, the Rules of Court and the applicable jurisprudence on the issuance, service, validity and efficacy of subpoenas.

In light of the Ombudsman’s dismissal order of February 4, 2010, any question relating to the legality and propriety of the subpoena duces tecum the Ombudsman issued has been rendered moot and academic.  The subpoena duces tecum merely drew its … Continue reading

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Definition, nature and prerequisited in the issuance of subpoena

As stated at the outset hereof, the Court of Appeals, in a decision dated 20 August 2002,[4] dismissed the petition and accordingly affirmed the impugned resolutions of the RTC. With his motion for reconsideration having been denied by the same … Continue reading

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Judge is liable for issuing a subpoena to prisoner sentenced to death or life imprisonment or detained upon legal process for the commission of any offense punishable by death or life imprisonment conferred in NBP without permission from the SC

In the wake of media reports that ex-Congressman Nicanor de Guzman, Jr. of Nueva Ecija, presently detained in the National Bilibid Prison on a life sentence, celebrated his birthday in his hometown in Nueva Ecija on January 16, 17 and … Continue reading

Posted in Judicial and Legal Ethics, Prisoners, Subpoeana | Tagged | Leave a comment