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no hearing notices received, What shall I do?

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1 no hearing notices received, What shall I do? on Wed Feb 13, 2013 10:21 am

ramon santos


Arresto Menor
Hi need help. I have a loan which I failed to pay. Sometime last year I have attended 2 initial pre hearings with the prosecutors office however no resolution/s were agreed upon. Now according to the person whom I have obtained a loan, there will be a schedule of hearing on the MTC this week, however I have not received any notices of whatsoever for me to attend the hearing. What shall I do? Do I need to be there? Please need help Asap!

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shad_marasigan


Reclusion Perpetua
you do not need to be there. wait for the summon. the absence of summon is fatal defect as it will not grant the court jurisdiction over the person of the accused. this is one of the grounds for dismissal of the case.

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ramon santos


Arresto Menor
Thank you so much for your reply. Is it true that according to the person whom I have obtained a loan that a warrant shall be issued if I failed to attend the hearing. According to her, this is the second hearing already. Have not also received the first summon. What I received last year was the formal complaint on which I attended the hearing from the fiscal office. However it seems the fiscal is already in favor of her.

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shad_marasigan


Reclusion Perpetua
do not tell her that no summon or subpoena was issued to you. this is your affirmative defense. depensa mo ito, pag binigay mo ito sa kanya wala ka nang alas. alam ng prosecutor yon na pag walang summon issued by the court, walang jurisdiction ang court sa person mo.

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ramon santos


Arresto Menor
actually ngkausap po kmi recently. She asked me why I failed to attend the first hearing and I told her that I have not received any notices. Now that I told her that, what shall I do po?

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shad_marasigan


Reclusion Perpetua
i sent a private msg and it should be in your inbox right now.

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ramon santos


Arresto Menor
Actually sa isang tao lang po ito. last year when I attended the pretrial with the fiscal office, may agreement na but unfortunately walang finality ung decision from the fiscal. from thereon, I have not received any notices or summons until today. I learned only that there was a hearing this week when nung ngkita kmi last monday. Told her that I have not received any summons so I asked her if she could show me her copy which she refuses.

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