Costs of Court Attendance Under Rule 21, Section 6 of the Revised Rules of Court in the Philippines

Introduction

In the Philippine legal system, the Revised Rules of Court (as amended) govern procedural aspects of litigation, ensuring orderly and efficient administration of justice. Rule 21 specifically addresses the issuance and service of subpoenas, which are formal commands requiring individuals to appear in court as witnesses or to produce documents. Subpoenas play a critical role in compelling testimony or evidence, but they also impose obligations on the issuing party to compensate witnesses for the inconvenience and expenses incurred.

Section 6 of Rule 21 focuses on the service of subpoenas and explicitly mandates the tendering of certain costs to the witness at the time of service. This provision balances the need for judicial efficiency with fairness to witnesses, preventing undue burden on individuals summoned to court. It outlines the types of costs that must be provided—primarily attendance fees and travel allowances (referred to as "kilometrage")—and includes exceptions and additional considerations for subpoenas duces tecum (those requiring production of documents).

This article provides a comprehensive examination of the costs associated with court attendance under Rule 21, Section 6. It draws directly from the text of the rule, related provisions in the Rules of Court (particularly Rule 141 on legal fees), and established legal principles in Philippine jurisprudence. While specific fee amounts are subject to periodic amendments by the Supreme Court, the core framework remains consistent, emphasizing equity and compliance.

The Text of Rule 21, Section 6

To understand the costs involved, it is essential to start with the exact language of the provision. Rule 21, Section 6 states:

"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, tendering to him the fees for one day's attendance and the kilometrage allowed by these Rules, except that, when a subpoena is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof, the tender need not be made. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is duces tecum, the reasonable cost of producing the books, documents or things demanded shall also be tendered."

This section establishes four key elements related to costs:

Mandatory Tender of Costs: Fees for one day's attendance and travel (kilometrage) must be tendered to the witness upon service.
Exception for Government-Issued Subpoenas: No tender is required if the subpoena originates from the government or its agencies.
Timing and Reasonableness: Service must afford the witness adequate time for preparation and travel, implicitly linking costs to practical feasibility.
Additional Costs for Subpoena Duces Tecum: Reasonable expenses for producing documents must also be tendered.

These requirements ensure that witnesses are not financially disadvantaged, promoting voluntary compliance and reducing motions to quash subpoenas based on inadequate compensation.

Breakdown of Costs Under Rule 21, Section 6

The costs referenced in Section 6 are not arbitrarily determined but are standardized under the Rules of Court, primarily in Rule 141 (Legal Fees), which has been amended over time to reflect economic realities. Rule 141 provides the specific rates for witness fees and allowances, ensuring uniformity across courts. Below is a detailed analysis of each cost component.

1. Fees for One Day's Attendance

Purpose: This fee compensates the witness for the time spent attending court, including potential loss of income or productivity. It covers a single day, but if attendance spans multiple days, additional fees may be claimed later.
Applicability: Applies to all witnesses served with a subpoena ad testificandum (to testify) or duces tecum (to produce documents and testify).
Rates (as per Rule 141, as amended):
- Ordinary witnesses residing within the same city or municipality as the court: Typically a base rate to cover daily attendance.
- Witnesses from outside the city/municipality but within the same judicial region: A higher rate to account for added inconvenience.
- Witnesses from outside the judicial region: The highest rate, often including subsistence if overnight stay is necessary.
- Salaried government employees: Entitled to appearance fees if not on official duty, but without per diems if already compensated by their employer.
Key Principle: The fee is tendered in advance for the first day only. For extended attendance, the witness may petition the court for additional payments, which the issuing party must reimburse.
Expert Witnesses: While Rule 21, Section 6 primarily addresses ordinary witnesses, expert witnesses (e.g., doctors, engineers) may negotiate higher fees under Rule 130 (Evidence) or by agreement. However, the basic tender under Section 6 still applies as a minimum.

2. Kilometrage (Travel Allowance)

Purpose: This reimburses the witness for travel expenses to and from the court, calculated based on distance.
Calculation: Measured in kilometers from the witness's residence to the court venue. The rate is fixed per kilometer, covering reasonable transportation costs (e.g., public transport fares).
Rates (as per Rule 141, as amended): A standard per-kilometer allowance, often adjusted for inflation. For witnesses outside the judicial region, it may include round-trip coverage.
Practical Considerations: The kilometrage must be tendered upfront. If the actual distance or costs exceed estimates, the witness can seek adjustment from the court. In remote areas, courts may consider alternative modes of attendance (e.g., virtual hearings under A.M. No. 20-12-01-SC, the Guidelines on Remote Court Hearings).

3. Additional Costs for Subpoena Duces Tecum

Purpose: Beyond attendance and travel, this covers the "reasonable cost" of producing books, documents, or things demanded.
Scope: Includes photocopying, retrieval, transportation of items, or other direct expenses. It does not cover speculative or indirect costs like lost business opportunities.
Determination of "Reasonable Cost": Assessed on a case-by-case basis. The issuing party estimates and tenders an amount upon service; if disputed, the witness may file a motion to quash or seek court determination (Rule 21, Section 4).
Relevance to Attendance: Often intertwined with attendance costs, as the witness may need to appear to authenticate documents.

4. Exceptions and Waivers

Government Exception: No tender is required for subpoenas issued by the Republic, its officers, or agencies (e.g., DOJ, PNP). This recognizes the public interest in investigations and trials. However, witnesses can still claim fees post-attendance via administrative processes.
Indigent Witnesses: Under the Rules on Indigency (A.M. No. 04-2-04-SC), courts may waive or subsidize costs for poor witnesses.
Voluntary Appearance: If a witness appears without a subpoena, no tender is needed, but fees may still be awarded by the court under Rule 141.

Procedural Aspects and Enforcement

Service Requirements: Costs must be tendered simultaneously with service, akin to summons (Rule 14). Failure to tender can invalidate the subpoena, leading to quashal (Rule 21, Section 4).
Who Bears the Costs?: The party requesting the subpoena (plaintiff, defendant, or prosecutor) pays initially. These may be recoverable as costs of suit under Rule 142 if the party prevails.
Multiple Days or Extended Proceedings: Initial tender covers one day; subsequent fees are claimed via bill of costs or court order.
Sanctions for Non-Compliance: A witness who refuses attendance despite proper tender may face contempt (Rule 21, Section 9). Conversely, improper service without costs can result in dismissal of the subpoena.
Amendments and Updates: The Supreme Court periodically revises fee structures (e.g., via A.M. No. 04-2-04-SC and subsequent en banc resolutions) to align with economic conditions. Courts apply the rates in effect at the time of service.

Related Provisions and Cross-References

Rule 141 (Legal Fees): The primary source for quantifying costs under Section 6. It details witness fees, kilometrage rates, and adjustments for special circumstances (e.g., expert testimony).
Rule 142 (Costs): Allows recovery of witness-related expenses by the prevailing party.
Rule 130 (Evidence): Governs witness competency and compensation, particularly for experts.
Civil Code and Special Laws: In administrative or special proceedings (e.g., labor cases under the Labor Code), analogous rules apply, but Rule 21 serves as the default.
Jurisprudence: Philippine case law emphasizes strict compliance with tender requirements. For instance, in cases like People v. Montejo (G.R. No. 145542, 2003), the Supreme Court has upheld quashal for non-tender, underscoring due process.

Practical Implications in Philippine Litigation

In practice, costs under Rule 21, Section 6 deter frivolous subpoenas while ensuring witness participation. In high-profile cases (e.g., corruption trials), government exceptions streamline proceedings. For private litigants, budgeting for these costs is crucial, as failure can delay trials. With the shift to hybrid hearings post-COVID (A.M. No. 21-07-14-SC), travel costs may decrease, but attendance fees remain relevant.

In summary, Rule 21, Section 6 embodies the principle that justice should not impose undue financial hardship. By mandating upfront compensation, it fosters respect for witnesses' rights and enhances the integrity of the judicial process. Litigants and practitioners must consult the latest Supreme Court circulars for current rates, as these evolve to meet societal needs.