RIGHT TO COMPULSORY PROCESS

Category: Criminal Procedure

WHAT IS THE RIGHT TO COMPULSORY PROCESS?

> It  is  the  right  of  the  accused  to  have  a  subpoena  and/or  a subpoena duces tecum issued in his behalf in order to compel the attendance of witnesses and the production of evidence
 

WHAT  HAPPENS  IF  A  WITNESS  REFUSES  TO   TESTIFY   WHEN REQUIRED?

> The court should order the witness to give bail or even order his arrest, if necessary
> Failure to obey a subpoena amounts to contempt of court
 

MAY A WITNESS BE EXCUSED FROM APPEARING AT TRIAL FOR THE REASON THAT HIS RESIDENCE EXCEEDS 50 KILOMETERS FROM THE PLACE OF TRIAL?

> The provision in the Rules of Court providing for this exemption of excusing  a  witness  from  appearance  before  a  Court,  judge  or officer of the province in which he is resides to the place of trial by
the usual course of travel applies only to CIVIL CASES and not to criminal cases