Reiteration of the Courts' Compliance with the eSubpoena System

June 13, 2019

OCA CIRCULAR NO. 82-2019

 

Acting on the report of the Police Chief Superintendent of the Directorate for Investigation and Detective Management (DIDM), Philippine National Police (PNP), that more than 18,000 pending eSubpoena from various courts are still subject for feedback, and that manual subpoenas are still being continuously issued for the attendance of police witnesses despite the implementation of the e-Subpoena system, this Office hereby DIRECTS all judges and concerned personnel of the first and second level courts to strictly comply with the directives set forth in OCA Circular No. 244-2017, pursuant to A.M. No. 13-08-03-SC, 1 quoted in part, as follows: HTcADC

[A]ll first and second courts which have undergone the eSubpoena System training seminar are directed to strictly implement the eSubpoena System.

Pending the full connectivity of all the courts nationwide, those courts which have no signal or are experiencing intermittent internet signals in their stations are directed to use available internet facilities in their respective areas and utilize the monthly Extraordinary and Miscellaneous Expense Allowance provided the judges in sending the eSubpoena.

In the DIDM-PNP Memorandum dated 24 April 2018, 2 all PNP units nationwide were directed to "refrain from receiving manual subpoenas coming from all courts where the PNP Personnel is being summoned to attend court hearings except when the date of subpoena and the date of hearing is less than ten (10) working days." In cases where the issued eSubpoena involves multiple dates and hearings, and the presence or testimony of the PNP Personnel is no longer required in the succeeding hearings, the concerned court personnel are likewise directed to click the "Presence no longer required."

Furthermore, for monitoring purposes, copies of decisions in dismissed cases by reason of the non-appearance of police witnesses are REQUIRED to be submitted to the OCA, through [email protected].

Failure to comply with the mandatory issuance of the eSubpoena and the accomplishment of the feedback mechanism in the system, as well as the submission of copies of decisions in dismissed cases by reason of the non-appearance of police witnesses, shall subject the concerned court personnel to appropriate disciplinary action.

For strict compliance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator

 

Footnotes

1.Re: e-Subpoena Service and Management (e-SSMS), A.M. No. 13-08-03-SC, 1 April 2014.

2.Concerns on e-Subpoena System, Memorandum, 24 April 2018.