In the Philippine legal system, the issuance of a subpoena is a critical procedural step that bridges the gap between filing a case and proving it in court. While many assume a subpoena is issued the moment a complaint is filed, the reality is governed by specific milestones in both civil and criminal procedure.

What is a Subpoena?

Under Rule 21 of the Rules of Court, a subpoena is a process directed to a person requiring them to either:

Subpoena Ad Testificandum: Appear and testify at a hearing, trial, or investigation.
Subpoena Duces Tecum: Bring with them books, documents, or other things under their control.

1. In Criminal Cases: The Two-Stage Issuance

In criminal litigation, subpoenas are issued at two distinct phases: the Preliminary Investigation and the Trial itself.

A. During Preliminary Investigation

After a complaint-affidavit is filed with the Office of the City or Provincial Prosecutor, the prosecutor does not immediately issue a subpoena for trial. Instead, they issue a Subpoena to the respondent.

Timeline: Usually within ten (10) days after the filing of the complaint.
Purpose: To notify the respondent of the charges and require them to submit their Counter-Affidavit. This is a matter of due process.

B. During Trial

Once the Information (the formal charge) is filed in court and the case moves to the presentation of evidence:

Timeline: After the "Pre-Trial" stage is terminated.
Trigger: The prosecution or defense moves for the issuance of a subpoena to witnesses who are unwilling to appear voluntarily or to offices holding vital records.

2. In Civil Cases: The Trial Phase

In civil litigation, the timeline is more rigid. A subpoena is rarely issued immediately upon filing the complaint.

A. Pre-Trial and Discovery

Before a subpoena is issued, parties undergo Pre-Trial. Here, they must list all witnesses and documents they intend to present. If a witness is "hostile" or a document is in the hands of a third party, the party must request a subpoena.

B. The Trial Proper

Timeline: Subpoenas are typically issued weeks or days before the scheduled hearing where the specific witness is set to testify.
The "Request for Subpoena": A party must file a formal request (often via a simple written motion or letter-request to the Clerk of Court) stating the necessity of the witness or document.

Who Issues the Subpoena?

The authority to issue a subpoena depends on the stage of the proceedings:

The Court: Where the case is pending.
The Prosecutor: During preliminary investigations.
The Clerk of Court: In many instances, the Clerk of Court signs the subpoena "By Authority of the Judge."
Constitutional Bodies/Agencies: The Senate, the House of Representatives, or agencies like the NLRC (for labor cases) have their own subpoena powers.

Key Requirements for a Valid Subpoena

For a subpoena to be enforceable in the Philippines, it must meet these criteria:

Relevance: The testimony or document must be relevant to the case (the "test of relevancy").
Definiteness: In a subpoena duces tecum, the documents must be described with enough particularity that the person can identify them (the "test of definiteness").
Viaticum (Travel Fees): For civil cases, the witness is not bound to attend unless their reasonable travel expenses and attendance fees are tendered (paid) at the time of service.

What Happens if a Subpoena is Ignored?

Failure to obey a subpoena without a valid excuse is considered Contempt of Court.

Indirect Contempt: The court may issue a warrant for the arrest of the witness (a "Bench Warrant") to compel their attendance.
Fine or Imprisonment: The witness may be fined or jailed until they comply with the order.

Summary of Timing

Phase of Case	When Subpoena is Issued
Criminal (Prosecution)	Within days of filing to demand a Counter-Affidavit.
Civil/Criminal (Trial)	During the "Trial Stage," specifically when a party is ready to present that specific witness/document.
Special Inquiries	Upon the start of an administrative or legislative investigation.

Note: A subpoena is not a "notice to parties." Parties to a case are notified via Summons (in civil cases) or Notice of Hearing. A subpoena is specifically for the production of evidence or witnesses.

Would you like me to draft a sample Motion for the Issuance of a Subpoena Duces Tecum based on Philippine legal templates?