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Malicious Mischief

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1 Malicious Mischief on Wed Jun 21, 2017 10:21 am


Arresto Menor
A former neighbor has been charged with malicious mischief in the MTC.  He has undergone preliminary investigation with the fiscal's office before being charged in court.  Before the resolution of the fiscal, he moved out of his residence transferring to a new address because his former house has been sold to a new owner.  When the subpoena arrived through registered mail for his arraignment in the MTC, he was not there to receive it as the house has no caretaker.  The subpoena was seen by another neighbor as it was left between the gates.  In short, he was not advised about his arraignment.  Will the case against him proceed without him receiving the subpoena or future court orders?

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2 Re: Malicious Mischief on Sat Aug 26, 2017 10:38 pm


Arresto Mayor
In the first place, the person whom the subpoena was addressed was not there. Therefor, it should be returned to the fiscal's office. But since it already happened, if the respondent does not respond 10 days prior to the day of delivery of the subpoena, the investigating officer shall resolve the complain based on evidence provided by the complainant.

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