MCF No. 21.

2
Request for Subpoena to a
Prisoner

Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

METC/MTCC/MTC/MCTC
RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL

Nam
e
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
Lifetime
IBP No. Date/Chapter
Compliance
MCL Exemption No
E .
Other Compliances
Counsel for
Plaintiff/
Petitioner
Defendant/
Respondent
Other

REQUEST FOR SUBPOENA TO A PRISONER

UNDER RULE 21.2

(name)
requests the Branch Clerk of Court to issue a Subpoena for
(name of witness)
who is presently detained at the
(detention facility and address)
in connection with before
(case number)

(court and branch number)

to attend and testify at the hearing on
(date/time)
for the taking of his/her deposition on at
(date/time (place)
for the taking of his/her judicial affidavit on ) at
page 1 of 2
 (date/time (place)
)
The request is made for the following purpose/s:
________________________________________________________
________________________________________________________
________________________________________________________
Use additional sheets, if necessary.

Date Party/Partys Counsel Name and Signature

ORDER
The Request is
granted. The Branch Clerk of Court is directed to issue the Subpoena
as requested above.
as requested above, subject to ____________________________________
(state condition)

denied, as the request is not made for a valid purpose.

Judge Date

SPECIAL INSTRUCTIONS

ISSUANCE
The subpoena may be issued by
(a) the court before whom the witness is required to attend;
(b) the court of the place where the deposition is to be taken;
(c) the officer or body authorized by law to do so in connection with investigations
conducted by said officer or body; or
(d) any Justice of the Supreme Court or of the Court of Appeals in any case or
investigation pending within the Philippines.

When application for a subpoena to a prisoner is made, the judge or officer shall examine
and study carefully such application to determine whether the same is made for a valid
purpose.

No prisoner sentenced to death, reclusion perpetua or life imprisonment and who is

confined in any penal institution shall be brought outside the said penal institution for
appearance or attendance in any court unless authorized by the Supreme Court (Rule
21.1)

COMPELLING ATTENDANCE
The court or judge may issue a warrant to arrest the witness who failed to attend, to bring
him befoe the court where his attendance is required. Failure by any person without
adequate cause to obey a subpoena served upon him shall be deemed a contempt of the
court from which the subpoena is issued. (Rule 21.8 and 21.9)

The above paragraph shall not apply to a witness who resides more than one hundred
(100) kilometers from his residence to the place where he is to testify by the ordinary
course of travel, or to a detention prisoner if no permission of the court in which his case
is pending was obtained. (Rule 21.10)

*BILIBID CIRCULAR

REQUESTERS RESPONSIBILITIES
The requester shall bear the cost of the Subpoenas service upon the witness and the
responsibility for ensuring that such service is made.

REQUEST FOR SUBPOENA OF A PRISONER page 2 of 2