G.R. No. L-15903 December 23, 1964
IN RE PETITION FOR CONTEMPT AGAINST BENJAMIN RAVANERA, ALFREDO V. CRUZ, JR., petitioner-appellant, vs. BENJAMIN RAVANERA, respondent-appellee.

FACTS

Assistant Fiscal of Manila Alfredo V. Cruz, Jr. filed a petition for contempt against Benjamin Ravanera in the Court of First Instance of Manila. The petition alleged that respondent Ravanera, as Secretary of the University of Nueva Caceres in Naga City, refused to receive a subpoena duces tecum issued by the petitioner and failed to appear to give evidence in Criminal Case No. 47152, entitled “People of the Philippines v. Secretary Jaime Hernandez.” The lower court dismissed the petition, holding that respondents were not bound by the processes because their residence in Naga City was more than 50 kilometers from Manila. The petitioner appealed.

ISSUE

Whether the lower court erred in dismissing the petition for contempt against the respondent.

RULING

The Supreme Court affirmed the dismissal of the petition for contempt. The Court held that the contempt proceedings were prematurely filed. Under the Revised Charter of the City of Manila ( Republic Act No. 409 , as amended), while the City Fiscal and his assistants have the power to issue subpoenas, the attendance of an absent or recalcitrant witness can be enforced only by application to the proper Municipal Court or Court of First Instance. This procedure affords the person subpoenaed an opportunity to question the validity, propriety, and reasonableness of the subpoena. A contempt proceeding lies only after the court orders compliance and the witness fails to comply. Furthermore, the subpoenas were issued for a case already pending trial in court. The power of the City Fiscal to issue subpoenas extends only to cases pending investigation before him, not to cases where the information has already been filed in court, as it is then the court that should issue the necessary processes.