Practice question
A party timely received the subpoena, deliberately skipped the hearing without justification, and seeks reopening solely under the non-receipt example. Which is correct?
- The prosecutor must pretend service failed
- Every deliberate absence is non-receipt
- Timely receipt means belated receipt
- Those facts do not establish non-receipt or belated receipt causing nonparticipation
- A subpoena is irrelevant to that example
Legal references
- DOJ Department Circular 015 (2024), Sections2–7,10,15–16,19–20; primary issuance text reproduced at https://comanialaw.com/doj-department-circular-no-015-series-of-2024/
- Crespo v. Mogul, G.R.L-53373, June30,1987: https://lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html
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