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Is attendance in court mandatory?

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1 Is attendance in court mandatory? on Tue Sep 03, 2013 2:38 am

PaulClark


Arresto Menor
My friend has a case of Grave oral defamation against her.
She wants to contact a lawyer to have him petition the case to be dismissed.
Does she have to attend court to do this? Or can the lawyer do it without her presence?

Thank you
Paul

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2 Re: Is attendance in court mandatory? on Mon Sep 09, 2013 4:38 pm

tsi ming choi


Reclusion Perpetua
The Mandatory presence of an accused to the court is only during arraignment, after this her presence is not necessary or rather optional (she may hide anywhere else), because of the concept of trial in absentia.

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3 Re: Is attendance in court mandatory? on Mon Sep 16, 2013 10:14 pm

tatan1712


Arresto Mayor
[quote="PaulClark"]My friend has a case of Grave oral defamation against her.
She wants to contact a lawyer to have him petition the case to be dismissed.
Does she have to attend court to do this?  Or can the lawyer do it without her presence?

Thank you
Paul[/quote

The said offense is covered by the Revised Rules on Summary Procedure. Under the said rule, a motion to dimiss/quash is a prohibited pleading unless the ground is lack of jurisdiction or absence of thr referral to the lupon.

If there is a scheduled arraignment,she must appear. If the she fails to attend, the court can issue a warrant of arrest.

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