Practice question
A respondent did not participate because the subpoena arrived only after the investigation proceedings. Under the regular DOJ-NPS rule, which step addresses that problem?
- Demand automatic acquittal from the prosecutor
- Treat the late subpoena as proof of guilt
- File an unrelated civil appeal
- Move to reopen, showing the belated receipt and resulting nonparticipation
- Assume the prosecutor's office has permanently lost all authority
Legal references
- DOJ Department Circular No. 015, s. 2024, Section 10, reopening paragraph; Crespo v. Mogul, G.R. No. L-53373, June 30, 1987, main decision.
- Reviewed primary authority, Verbatim primary issuance reproduction, Section 10 reopening paragraph: https://comanialaw.com/doj-department-circular-no-015-series-of-2024/
- Reviewed primary authority, Main decision, court permission and disposition after reinvestigation: https://lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html
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