Legal Research and Thesis Writing

August 16, 2019

A.M. NO. 10-1-13- SC – MARCH 2, 2010

RE: SUBPOENA DUCES TECUM DATED JANUARY 11, 2010 OF ACTING DIRECTOR ALEU A.
AMANTE, PIAB-C, OFFICE OF THE OMBUDSMAN

FACTS:

1. A subpoena duces tecum1 was issued in relation to the criminal complaint entitled Oliver O.
Lozano and Evangeline Lozano-Endriano v. Hilario G. Davide, Jr., et al., OMB-C-C-09-0527-J by
the Office of the Ombudsman on the Office of the Administrative Services or the Supreme
Court.

2. The Office of the Administrative Services then referred the matter to the Supreme Court with a
request for clearance to release the specified documents and information to the Office of the
Ombudsman.

3. A copy of the criminal complaint was secured by the Supreme Court from the Ombudsman to
determine the legality and propriety of the subpoena sought.

4. The Office of the Ombudsman then dismissed the criminal complaint and referred it to the
Supreme Court on the premise that all complaints against judges and other members of the
Judiciary be immediately referred to the Supreme Court.

ISSUE:
Whether or not the subpoena duces tecum issued by the Office of the Ombudsman was valid.

RULING:

The Office of the Ombudsman dismissed the criminal complaint thus making the subpoena
duces tecum invalid. Any question relating to its legality and propriety has now been rendered
moot and academic2.

The Office of the Ombudsman has full authority to issue subpoena, including that of subpoena
duces tecum, to matters that are in relation to their investigation. However, a subpoena duces
tecum only has life if the underlying criminal complaint is valid. In the case mentioned, the
dismissal order of the criminal complaint making the issuance of the subpoena duces tecum
unsupported. All questions then relating to the legality and propriety of the issuance is now
made moot and academic.

1 subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a
proceeding. From the Latin duces tecum, meaning "you shall bring with you".
2 A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a

declaration thereon would be of no practical value. As a rule, courts decline jurisdiction over such case, or dismiss it on ground
of mootness.