In the Philippine legal system, the power of the courts and quasi-judicial bodies to compel the attendance of witnesses and the production of documents is fundamental to the administration of justice. This power is exercised through a subpoena. When an individual receives this legal directive, it is not a mere invitation; it is a compulsory command. Disregarding it carries significant legal repercussions under the Rules of Court and substantive Philippine law.

Understanding the Subpoena

A subpoena is a process directed to a person requiring them to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority. In the Philippines, there are two primary types:

Subpoena Ad Testificandum: Compels a person to appear and give oral testimony at a specified time and place.
Subpoena Duces Tecum: Compels a person to bring with them books, documents, or other things under their control which are relevant to the case.

1. Contempt of Court

The most immediate consequence of failing to obey a subpoena without a valid excuse is being cited for contempt. Under Rule 21, Section 9 of the Rules of Court, failure by any person without adequate cause to obey a subpoena served upon them shall be deemed a contempt of the court from which the subpoena is issued.

Direct vs. Indirect Contempt

Direct Contempt: If the defiance occurs in the presence of or so near a court or judge as to obstruct the administration of justice, it may be punished summarily.
Indirect Contempt: Failure to obey a subpoena is generally treated as indirect contempt. This requires a formal charge and an opportunity for the person to be heard (due process) before penalties are imposed.

Penalties for Contempt

The penalties vary depending on the level of the court:

Regional Trial Courts (RTC): A fine not exceeding P30,000.00 or imprisonment not exceeding six (6) months, or both.
Lower Courts (MTC/MeTC): A fine not exceeding P5,000.00 or imprisonment not exceeding one (1) month, or both.

2. Orders of Arrest (Warrant of Arrest)

If a witness fails to attend despite being duly served a subpoena, the court—upon proof of service and the witness's failure to appear—may issue a Warrant of Arrest to compel their attendance.

The court may also order the witness to pay the cost of the warrant and the seizure, provided the court determines that the witness’s failure to answer the subpoena was willful and without a justifiable excuse.

3. Liability for Civil Damages

Under Article 19 of the Civil Code of the Philippines (the "Abuse of Rights" principle) and relevant provisions on torts/quasi-delicts, a party injured by the witness's non-appearance may sue for damages.

If the absence of a witness causes a party to lose their case or incur additional legal expenses, the witness may be held liable for Civil Damages. This is a separate civil action intended to compensate the aggrieved party for the prejudice caused by the witness's disobedience.

4. Consequences in Criminal Investigations

In the context of a preliminary investigation conducted by the National Bureau of Investigation (NBI) or the Department of Justice (DOJ):

Failure to Appear: While a prosecutor cannot usually imprison someone immediately for missing a subpoena during a preliminary investigation, the non-appearance is often treated as a waiver of the right to present a counter-affidavit.
Resolution of the Case: The prosecutor will resolve the complaint based solely on the evidence provided by the complainant. This significantly increases the risk of a "Probable Cause" finding and the subsequent filing of criminal charges in court.

Valid Grounds for Quashing a Subpoena

While the consequences of disobedience are severe, the law allows a person to challenge a subpoena through a Motion to Quash. Valid grounds in the Philippines include:

Irrelevancy: The testimony or documents requested have no relevance to the case.
Unreasonableness/Oppressiveness: The subpoena duces tecum is too broad or covers documents that are difficult to produce without undue hardship.
Failure to Tender Fees: If the witness was not given the required "witness fees" and "kilometrage" (travel expenses) allowed by law at the time of service.
Privilege: The information sought is protected by legal privilege (e.g., attorney-client privilege, marital privilege, or the privilege against self-incrimination).

Summary of Consequences

Consequence	Legal Basis	Description
Contempt	Rule 21 & 71, Rules of Court	Fines and/or imprisonment depending on court level.
Warrant of Arrest	Rule 21, Sec. 8	Physical arrest to compel attendance in court.
Civil Liability	Civil Code of the Philippines	Payment of damages to the party who suffered from the absence.
Waiver of Rights	Rules on Criminal Procedure	Loss of the chance to defend oneself in preliminary investigations.