Am I required to attend a subpoena if I live more than 50 kilometers from the court?

In the Philippine legal system, a subpoena ad testificandum is a court order compelling an individual to appear and testify in a legal proceeding. However, there are certain conditions under which a person may be excused from complying with this subpoena, particularly if the person resides a significant distance away from the court.

Under Rule 21 of the Revised Rules of Court in the Philippines, one of the exceptions to appearing in response to a subpoena is when the witness is residing more than 50 kilometers away from the place where the court is located. This provision is in place to protect individuals from undue hardship in attending court sessions, especially when travel over long distances is involved.

In this case, if a witness is more than 50 kilometers away from the court issuing the subpoena, the law generally allows them to be excused from appearing unless their presence is deemed absolutely necessary by the court. The court has the discretion to evaluate the necessity of the testimony and whether alternative measures, such as a deposition, could be used instead of requiring the witness to travel to the court.

However, it is essential to note that if the court decides that the testimony of the witness is crucial and cannot be obtained by other means, they may still compel the witness to attend, even if they are located beyond the 50-kilometer limit. In such cases, the court may order the payment of travel expenses and reasonable compensation to cover the witness's costs in attending.

To summarize, if you receive a subpoena ad testificandum and you are residing more than 50 kilometers from the court, you may not be required to attend unless the court specifically orders your attendance and makes provisions for your travel costs. Nonetheless, it is advisable to inform the court of your location and seek clarification on your obligations in response to the subpoena.