Remedial Law, 2019 Bar — Question B.12-a

ESSAY

Ms. R received a subpoena ad testificandum from a Regional Trial Court (RTC) directing her to appear and testify in a case. Despite notice and without any sufficient justification, Ms. R failed to appear. This prompted the RTC to issue a show-cause order directing Ms. R to explain, within ten (10) days, why she should not be cited for contempt for her non-appearance despite receipt of the subpoena. Ms. R, however, did not file her comment. After due hearing with notice to the parties, the RTC cited her in indirect contempt, and consequently, ordered her arrest. Ms. R moved to quash the warrant issued for her arrest, claiming that a formal charge should have been filed against her, and that the same should have been docketed and prosecuted as a separate case against her. She thus claimed that since this procedure was not followed, the order citing her in contempt is null and void. Is Ms. R’s contention tenable? Explain.

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