We have in the past, by depositions on written questions with a subpoena
duces tecum, obtained 1099s directly from health care insurers for experts they frequently retain.
A valid subpoena
duces tecum must be served in the above manner.
RA 10973 provides that the subpoena must state "the nature and purpose of the investigation, shall be directed to the person whose attendance is required." The subpoena
duces tecum, on the other hand shall contain a reasonable description of the books, documents or things demanded which must be relevant to the investigation.
'We have to issue a subpoena
duces tecum so that the BIR also has some documents to immediately consult their legal adviser, which is the Office of the Solicitor General, and that would trigger the immediate procurement of the documents,' Oaminal said.
A subpoena
duces tecum, on the other hand, is being issued to summon a person and produce documents deemed important to a probe.
A subpoena
duces tecum, on the other hand, covers any book, documents, or other things relevant to the investigation.
Amended rules were: 1.120 (Pleading Special Matters); 1.140 (Defenses); 1.210 (Parties); 1.221 (Condominium Associations); 1.280 (General Provisions Governing Discovery); 1.310 (Depositions Upon Oral Examination); 1.351 (Production of Documents and Things Without Deposition); 1.360 (Examination of Persons); 1.410 (Subpoena); 1.470 (Exceptions Unnecessary); 1.650 (Medical Malpractice Presuit Screening Rule); 1.820 (Hearing Procedures for Non-Binding Arbitration); and forms 1.902 (Summons); 1.910 (Subpoena for Trial); 1.911 (Subpoena
Duces Tecum for Trial); 1.912 (Subpoena for Deposition); 1.913 (Subpoena
Duces Tecum for Deposition); 1.922 (Subpoena
Duces Tecum Without Deposition); and 1.982 (Contempt Notice).
As one who has served as general counsel for hospitals as well as for many physicians, your editor has encountered many situations where, upon being served with a subpoena
duces tecum for patient records, many are led or misled into believing that the failure to produce such records may bring sanctions by the court.
10973 giving the PNP chief and the PNP-Criminal Investigation and Detection Group (CIDG) director and deputy director for administration the authority to issue subpoena and subpoena
duces tecum in relation to case investigation.
Henry Oaminal, at this point, said: 'Upon hearing from the representative of UP informing this committee that only one copy of SALN can be found in the records, this committee had caused the issuance of subpoena
duces tecum requesting the Ombudsman for copies of Sereno's SALN.'
The Committee proposes amendments to rules 1.120 (Pleading Special Matters); 1.140 (Defenses); 1.210 (Parties); 1.221 (Condominium Associations); 1.280 (General Provisions Governing Discovery); 1.310 (Depositions Upon Oral Examination); 1.351 (Production of Documents and Things Without Deposition); 1.360 (Examination of Persons); 1.410 (Subpoena); 1.470 (Exceptions Unnecessary); 1.650 (Medical Malpractice Presuit Screening Rule); 1.820 (Hearing Procedures For Non-Binding Arbitration); 1.902 (Summons); 1.910 (Subpoena For Trial); 1.911 (Subpoena
Duces Tecum For Trial); 1.912 (Subpoena For Deposition); 1.913 (Subpoena
Duces Tecum For Deposition); 1.922 (Subpoena
Duces Tecum Without Deposition); and 1.982 (Contempt Notice).
