I. What is a Subpoena?

A subpoena is a compulsory process issued by a court or prosecutor requiring a person to:

Appear and testify – subpoena ad testificandum
Produce documents or objects – subpoena duces tecum

It is not a polite invitation. It is a command backed by law, and unjustified non-compliance can lead to contempt of court and even arrest.

Although the rules on subpoenas apply to all criminal cases, they arise very often in physical injury cases because such cases usually rely heavily on:

Medical records and testimony of doctors
Police blotter entries and investigation reports
Witnesses who saw the assault or incident
Employers, insurers, and other custodians of records

II. Physical Injury Cases: Why Subpoenas Matter

In the Philippines, physical injuries are generally punished under the Revised Penal Code (RPC) (e.g., serious, less serious, and slight physical injuries). These cases can be:

Criminal actions (filed by the State against the accused), and
Sometimes accompanied by civil actions for damages.

Subpoenas are crucial in such cases because:

The burden of proof is on the prosecution – They must present evidence beyond reasonable doubt, often through witnesses and documents.
Evidence is often in the hands of third parties – Hospitals, employers, police, CCTV custodians, etc., who are not parties to the case.
Time-sensitive evidence – CCTV footage, medical records, and employment records can be lost or destroyed if not promptly compelled.

III. Who Issues Subpoenas?

In physical injury cases, subpoenas may be issued by:

Courts
- Municipal trial courts, regional trial courts, etc., handling the criminal case.
- They can issue subpoenas upon motion of a party or motu proprio (on their own initiative).
Prosecutors / Investigating Prosecutors
- During preliminary investigation of physical injury complaints.
- They may subpoena the respondent, witnesses, or record custodians to clarify facts or secure evidence.
Quasi-judicial bodies (for related administrative or labor cases)
- Example: Labor Arbiter dealing with a related employment case where the same incident of physical injury is in issue, though this is technically outside the criminal case itself.

Only duly authorized officers may issue subpoenas. A letter from a lawyer or police officer is not a subpoena unless it is clearly issued under an official power and follows legal form.

IV. Types of Subpoena and Their Use in Injury Cases

1. Subpoena ad testificandum

Directs a person to appear and testify.

Common targets in physical injury cases:

The victim (complainant)
Eyewitnesses (bystanders, co-workers, neighbors)
Police officers who investigated the case
Medical practitioners who examined or treated the victim
Employer representatives (for loss of income, attendance records, etc.)
Sometimes the accused, if he/she voluntarily takes the stand (the court does not normally force the accused to testify due to the right against self-incrimination)

2. Subpoena duces tecum

Directs a person or entity to produce specified documents or objects, often together with appearing to testify about them.

In physical injury cases, this could cover:

Medical and hospital records, including:
- Medico-legal reports
- X-ray and CT scan results
- Doctor’s findings and clinical charts
Police records:
- Spot reports, investigation reports
- Sketches, photographs, sworn statements collected
CCTV footage:
- From establishments near the scene of the incident
Employment records:
- Time records, payroll, proof of income (for damages)
Insurance records:
- Claims, benefit payments, assessments
Other physical evidence:
- Weapons, bloodied clothing, photographs of injuries

V. Formal Requirements of a Valid Subpoena

While exact phrasing may differ, a valid subpoena generally must:

Be in writing, issued under the name and authority of the issuing body.
State the title and docket number of the case.
Specify the court or office where the appearance is required.
Indicate the date and time of the hearing or proceeding.
Identify the person required to appear or produce documents (by name or clearly identifiable description).
For subpoena duces tecum:
- Describe the documents or things required with reasonable particularity.
- Specify whether the bearer also needs to testify.

A subpoena that is vague (e.g., “produce all records about the injured person ever”) can be challenged for being oppressive or unreasonable.

VI. How Subpoenas Are Served

1. Modes of Service

Typically, service may be done by:

Personal service – Handing the subpoena directly to the person.
Substituted service – Leaving it with a person of sufficient age and discretion at the person’s residence or office, if allowed.
Registered mail or courier – In certain contexts, following court/prosecutor practice.
Through counsel – Sometimes the subpoena is served to the lawyer who represents the person or entity (e.g., company witness), who then informs the client.

In practice, for hospitals, companies, banks, etc., service is often directed to the custodian of records or the legal department.

2. Proof of Service

The server may execute a return of service stating:

How service was made
On whom it was served
Date, time, and place of service

This proof allows the court or prosecutor to determine if non-attendance is excusable or punishable.

VII. Legal Duties When You Receive a Subpoena

When a person or entity receives a subpoena in a physical injury case, the general duties are:

Read it carefully immediately
- Identify: issuing authority, case, date/time, and what is required.
Appear at the designated time and place
- If you cannot, you must seek relief (e.g., motion to quash or motion to excuse attendance) before the date, not after.
For subpoena duces tecum, gather the required documents/evidence
- Collect only what is specifically requested.
- Ensure the documents are authentic, complete, and organized.
- Coordinate with the records or legal department if it’s an institution.
Preserve confidentiality and privacy appropriately
- Especially for medical records and other sensitive information.
- You may need to invoke legal privileges or require a court order if privacy laws apply.
Consult a lawyer
- Particularly if you are:
  - A potential accused or respondent
  - A corporation or hospital with many obligations
  - Holding privileged or sensitive information

VIII. Grounds to Challenge or Quash a Subpoena

You are not always required to comply fully. The law allows a person to move to quash (ask the court to cancel or modify) a subpoena on valid grounds, such as:

Lack of jurisdiction or authority
- The body that issued the subpoena had no legal power to do so.
Improper or defective form
- Missing case number, unclear party designation, no proper signature, etc.
Irrelevance or immateriality
- The testimony or documents requested have no reasonable relevance to the physical injury case.
Unreasonable or oppressive demands
- Requesting a massive volume of documents without clear limits.
- Requiring production on extremely short notice or at great burden/expense.
Privilege and protected communications
- Attorney–client privilege
- Physician–patient privilege (now structured under the revised rules on evidence)
- Spousal privilege
- Confessional communications to clergy, etc.
- Privileged official communications in certain circumstances
Right against self-incrimination
- An individual cannot be compelled to testify against himself/herself in a criminal case.
- However, this is personal; it does not generally protect corporate records from disclosure.

If you intend to challenge, you normally file a motion to quash or motion for protective order before the issuing court or prosecutor, stating your grounds and attaching supporting evidence.

IX. Consequences of Ignoring a Subpoena

If a subpoena is properly issued and properly served, and you do not comply without a lawful excuse:

Contempt of court
- The court may cite you for direct or indirect contempt, leading to:
  - Fines
  - Imprisonment for a period
  - Both
Warrant of arrest
- The court may issue a warrant of arrest to compel your appearance.
Adverse inferences or sanctions
- In civil aspects, non-compliance may lead the court to draw negative inferences or impose sanctions, depending on rules.
Disciplinary action (for professionals)
- Lawyers, doctors, and other regulated professionals who ignore lawful processes may face separate administrative or professional discipline.

Hospitals, companies, and other institutions may also face regulatory or reputational consequences if they repeatedly fail to honor subpoenas.

X. Special Focus: Subpoenas for Medical Records in Physical Injury Cases

1. Medical Records as Critical Evidence

In physical injury cases, medical records are often the strongest objective evidence of:

The existence and extent of physical injuries
Causation (e.g., consistent with being struck, stabbed, falling, etc.)
The duration of medical attendance and incapacity for labor, which directly affect criminal and civil liabilities.

2. Doctor’s Testimony

Subpoenas frequently compel:

Government medico-legal officers to testify on post-injury examinations.
Private doctors to explain medical findings and certify incapacity.

The doctor may have to bring hospital records and testify on:

Nature of injuries
Required treatment
Prognosis and possible long-term effects
Whether injuries are consistent with alleged mechanism (e.g., “hit by blunt object”)

3. Privacy, Privilege, and Consent

However, medical records are sensitive personal information. Key points:

Physician–patient confidentiality is recognized, though in a criminal case where the patient himself is the complainant, courts often treat the disclosure of relevant medical facts as justified by the need to prosecute the crime.
In practice, prosecutors or courts often:
- Obtain a waiver or consent from the patient; or
- Treat the filing of a criminal complaint and submission of medical certificates as implied consent for the disclosure of relevant medical information necessary to prove the case.

Still, a hospital can carefully insist that:

Subpoenas identify specific records (e.g., admission records on a particular date, specific medical certificates).
Production is made directly to the court rather than freely handing out copies to private individuals, to maintain control and confidentiality.

4. Data Privacy Considerations

The Philippines has a data privacy framework that requires lawful processing of personal and sensitive information. Responding to subpoenas typically falls under “compliance with a legal obligation.” Institutions usually:

Verify the authenticity of the subpoena.
Document the disclosure.
Limit disclosure to what is strictly required.

XI. Responding Strategy for Different Parties

1. For the Victim (Complainant)

If you are the injured party who filed the case:

Expect to receive subpoenas to:
- Appear at trial or preliminary investigation.
- Produce medical certificates, receipts, etc.
Practical tips:
- Prepare your story and timeline calmly and consistently.
- Bring supporting documents (medical certificates, receipts for treatment, proof of lost earnings).
- Ask for assistance from a public attorney (PAO) or private counsel.
- If you cannot attend on a given date (e.g., medical reasons, travel), inform the court through your lawyer and seek a reset, rather than simply absenting yourself.

2. For the Accused or Respondent

If you are the accused or respondent in a physical injury case:

You may be subpoenaed for:
- Preliminary investigation – to submit a counter-affidavit and supporting evidence.
- Trial if you voluntarily testify (you cannot be forced to testify against yourself).
Key considerations:
- Always consult a lawyer before appearing or submitting documents.
- Be aware of your constitutional rights:
  - Right against self-incrimination
  - Right to counsel
- If subpoena directs production of personal documents that could incriminate you, legal advice on invoking privilege is crucial.

3. For Doctors and Hospitals

If you are a doctor or hospital:

Appoint a records custodian or legal officer to handle subpoenas.
Develop a standard procedure:
- Verify the subpoena (court case number, issuing authority).
- Determine whether patient consent or a court order is needed for sensitive records.
- Prepare certified copies of records, not originals where possible, unless originals are specifically demanded.
- Ensure someone is available to testify and explain the records, if required.

4. For Employers

Employers may be subpoenaed to produce:

Time records, payroll, proof of salary, and benefits.
Workplace incident reports (if the injury occurred at work).

They should:

Coordinate with their HR and legal departments.
Ensure that the documents produced are accurate and up to date.
Avoid retaliation or any adverse action against an employee simply because of being involved in a court case as complainant or witness.

XII. Practical Steps When You Receive a Subpoena

Here’s a simple checklist:

Confirm authenticity
- Is it issued by a court/prosecutor?
- Does it have a docket number and signature?
Check what is required
- Testimony only?
- Documents only?
- Both?
Check dates and deadlines
- Do you have enough time to prepare?
- If not, plan to file a motion for extension or reset.
Gather and review documents (for duces tecum)
- Make copies, label them, and preserve originals carefully.
Consult a lawyer
- Especially if:
  - You’re unsure about privacy/privilege issues.
  - You fear self-incrimination.
  - You represent an institution.
Decide whether to comply fully, partially, or move to quash
- Based on relevance, burden, and legal protections.
Appear as required, unless excused by a written order.
Keep your own records
- Retain a copy of the subpoena.
- Record what you produced and when.

XIII. Subpoenas at Different Stages of a Case

1. During Investigation (Police / Prosecutor)

Purpose: To determine probable cause.
Subpoenas may compel:
- Complainant and witnesses to appear and swear affidavits.
- Respondent to submit counter-affidavits.
- Custodians of records to produce documents (e.g., medical reports, CCTV).
Non-appearance of a respondent despite subpoena can allow the investigation to proceed ex parte (without his/her side), but penalties may follow only later if ordered by the court.

2. During Trial

Purpose: To prove guilt (prosecution) or raise reasonable doubt (defense).
Subpoenas may be requested by either side to ensure that:
- Their witnesses appear.
- Records, objects, and evidence are produced in court.
Non-compliance at trial is more likely to trigger contempt proceedings because it directly obstructs the administration of justice.

XIV. Ethical and Professional Considerations

For Lawyers
- Must ensure subpoenas they request are in good faith, not to harass or fish for irrelevant information.
- Must advise clients and witnesses correctly about:
  - Duties to comply
  - Valid grounds to object
  - Risks of non-compliance
For Doctors and Health Professionals
- Balance patient confidentiality with legal duties.
- Best practice is to:
  - Seek explicit patient consent where possible.
  - Limit disclosure to what is legally required.
  - Engage legal counsel when in doubt.
For Public Officials
- Must respect court orders and subpoenas.
- Certain official communications may be protected, but any claim of privilege should be properly raised and, if necessary, supported by higher authority or legal opinion.

XV. Key Takeaways

A subpoena is a legal command, not a suggestion. Ignoring it can lead to contempt, arrest, and other sanctions.
In physical injury cases in the Philippines, subpoenas are pivotal in obtaining medical, police, employment, and other records and testimony.
Recipients of subpoenas have rights and remedies:
- To challenge a defective, oppressive, or irrelevant subpoena.
- To invoke privileges (e.g., self-incrimination, attorney–client, physician–patient).
At the same time, they have duties:
- To appear and/or produce documents when lawfully required.
- To handle sensitive information with due regard to privacy and confidentiality.
The safest approach is to act promptly, review the subpoena carefully, and seek legal advice, especially when the situation involves complex rights or obligations.

This is general legal information on subpoenas in Philippine physical injury cases and not a substitute for advice from a lawyer who can review the specific subpoena and facts of an actual case.