ADMINISTRATIVE
CIRCULAR NO. 58
TO:
ALL
REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL
COURTS,
MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL
CIRCUIT
TRIAL COURTS AND SHARI’A CIRCUIT COURTS
SUBJECT:
ATTENDANCE
OF GOVERNMENT EMPLOYEES, MILITARY AND POLICE OFFICERS, PHYSICIANS AND
OTHER
TECHNICAL EXPERTS OR WITNESSES IN COURT PROCEEDINGS.
In order to
avoid
inconvenience and unnecessary expenditure of time on the part of
government
employees, military and police officers, physicians, both in government
and private practice as well as other technical experts, the following
guidelines are hereby established in the issuance of notices and
subpoenas
to witnesses:chanrobles virtual law library
[1]
Before the
trial dates are fixed for the attendance of the above-named witnesses,
the Presiding Judge shall direct the trial fiscal and the Branch Clerk
of Court to ascertain the dates of availability of said witnesses;
[2] When
the examination
of these witnesses is terminated, the Branch Clerk of Court shall
indicate
on a space in the information or some other appropriate page of the
records
that the testimony of this witness has been completed, including the
date
when the testimony was taken;
[3] The
Presiding
Judge shall ascertain that no subpoena is issued to a witness who has
already
completed his testimony, unless he is recalled for rebuttal or
reopening
of the proceedings;
[4] During
the pre-trial,
the Presiding Judge shall endeavor to secure admissions from parties on
the admissibility of documents to eliminate the need for the appearance
of witnesses who executed said documents;
[5]
Whenever practicable,
the examination of a witness should be terminated in one hearing to
obviate
the need for his/her return;
[6]
With respect
to the unjustified non-appearance of a government witness, in addition
to the exercise of contempt powers, the Presiding Judge shall furnish
the
head office of the government employee with the orders issued in
connection
with this non-appearance. Thus, in the case of police officers, the
National
Police Commission should be given notice; and in the case of military
officers,
the Chief of Staff or the Secretary of National Defense.cralaw:red This Circular
shall
take effect immeiately.
November
19, 1989.
[Sgd.]
MARCELO
B. FERNANChief
Justice | 
