REPUBLIC OF THE PHILIPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH ___
_____ CITY

PEOPLE OF THE
PHILIPPINES,
Complainant,

- versus - CRIM CASE NO.

___________________
ABC,
Accused.
x------------------------------------x

MOTION FOR ISSUANCE

OF SUBPOENA

PRIVATE COMPLAINANT, XXX, (“Private Complainant”) by

and through the undersigned counsel, under the direct supervision
and control of the Public Prosecutor, unto this Honorable Court,
respectfully states, THAT:

1. The marking of prosecution evidence was held last

______________.

2. Private Complainant reserved the right to present

additional evidence and witness/es as necessary and which it may
deem relevant and material to this case.

3. Section 1 of Rule 21 of the Rules of Court provides that:

“Section 1. Subpoena and subpoena duces tecum.

Subpoena is a process directed to a person requiring him to

attend and to testify at the hearing or the trial of an action, or at
any investigation conducted by competent authority, or for the
taking of his deposition. It may also require him to bring with
him any books, documents, or other things under his control, in
which case it is called a subpoena duces tecum.”

4. Pursuant to the foregoing, Private Complainant humbly

moves for the issuance of a subpoena duces tecum for the
1
production of original documents and papers, and ad testificandum
against ZZZ (Branch Manager) or other authorized representative of
MMM Bank with office address at ___________________ specifically
to produce and testify on the following documents concerning the
account for the safety deposit box applied for by Mr. KKK including
but not limited to:

a) Application for Opening an Account for Safety Deposit

Box;
Documents submitted in support of application under item
(a);

5. The production of the above documents is material and

relevant to the presentation of prosecution’s evidence and in the
disposition of the present case.

PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court

that a subpoena duces tecum and ad testificandum be issued against
ZZZ (Branch Manager) or other authorized representative MMM Bank
requiring them to bring the aforesaid documents and to testify on the
same documents and the circumstances surrounding the submission
of the same to the bank and the opening of the safety deposit box
account in the above-entitled case.

Other reliefs, just and equitable are likewise prayed for.

____ City for _____ City, 20 October 2019.

OOO LAW OFFICE

Counsel for the Private Complainant
Address
By:
ATTY. SSS
PTR No.
IBP No.
Roll of Attorney’s No.
MCLE No.
E-mail address:

With my conformity:
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QQQQ
Assistant City Prosecutor
Pasay City

NOTICE OF HEARING

THE BRANCH CLERK OF

COURT
Metropolitan Trial Court

QQQQ
Assistant City Prosecutor

ATTY. GGG

Greetings:

Private Complainant, through the undersigned counsel, request

and give notice of such request, that the foregoing motion be
submitted for the consideration of the Honorable Court on
_______________ at 8:30 o’clock in the morning or as may be
convenient to the calendar of this Honorable Court subject to this
Honorable Court’s pleasure and discretion.

ATTY. SSS

COPY FURNISHED:

THE BRANCH CLERK OF

COURT
Metropolitan Trial Court

QQQQ
Assistant City Prosecutor

ATTY. GGG