Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

MOTION TO DISMISS FOR LACK OF JURISDICTION

Go down  Message [Page 1 of 1]

1 MOTION TO DISMISS FOR LACK OF JURISDICTION on Mon May 08, 2017 2:23 am

emvert


Arresto Menor
Situation. Criminal Case.

A warrant was issued against the accused but there was failure of service the accused left the address prior to the filing of the case.

However, the warrant was not even issued on the real address of the accused despite its availability on the school records of the accused and the full knowledge of the complainant of such an address before the filing of the case.

Can the case be dismissed for lack of jurisdiction over the person of the accused?

What about the running of the prescription?

What are the remedies available for the accused to dissolve the case?

View user profile

Jadis

avatar
Reclusion Perpetua
1. Nice try but no. You might be referring to a civil case. If the accused cannot be found despite multiple attempts to serve the warrant on his person the case will be archived and will be revived upon his arrest.

2. Since the information was filed the period of prescription is interrupted. It will commence to run again if the proceedings are terminated without the accused being convicted or acquitted or are unjustifiably stopped through no fault of the accused.

3. The accused cannot seek remedies from the court if he does not first surrender himself to the jurisdiction of the court.

Whoever this person is just has to consult a lawyer in the flesh.

View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum