Practice question
Is a summons directed to a civil defendant the same as a subpoena directing a witness to testify?
- Yes; their purposes are identical in every respect.
- Yes; every witness thereby becomes a damages defendant.
- No.
- Yes; a subpoena always decides civil liability.
- Yes; either can freely replace the other without legal basis.
Legal references
- 2019 Amendments to Civil Procedure, Rule 14, particularly Sections 1-5, 8, 13 and 23, as applicable to the stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Francisco Motors Corp. v. Court of Appeals, G.R. No. 100812, June 25, 1999, main decision, original plaintiff and counterclaim summons; no historical answer period relied on: https://lawphil.net/judjuris/juri1999/jun1999/gr_100812_1999.html
- Lafarge Cement Philippines, Inc. v. Continental Cement Corp., G.R. No. 155173, November 23, 2004, main decision, summons on newly impleaded counterclaim defendants: https://lawphil.net/judjuris/juri2004/nov2004/gr_155173_2004.html
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