Need help with my wife's case of RA 7610.
Guilt is not the question at the moment but the procedure that took place in the City Prosecutors Office.
A case was filed first week of May 2013. The complainant is unaware of the addresses of both accused so she put my wife's company address and an incomplete address for her sister. Two subpoenas were issued and both were not received by the accused up to this day.
The Case was then escalated to the RTC without our knowledge. We knew about the case when a relative who works for the government informed us last December 4, 2013 that there is such a case and both of them can be arrested anytime. We then immediately posted bail.
After posting bail, I went to the prosecutor’s office to get a copy of the case.
Records show that the subpoena was sent last May 24, 2013 to my wife's company address and there was a signature of receipt (no printed name, just an illegible signature). We then checked the logs of letters received by my wife's employer for that day and no record of receiving such document was found.
Here are my questions
1. Which party has the burden of proof about the transmittal of the subpoena?
2. How many summons are required before the city prosecutor can decide to escalate the case to the RTC.