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You received a subpoena or a complaint: what to do
Papers from a prosecutor, a court or the barangay have deadlines that start the day you receive them.
Last reviewed October 30, 2026
This is general information, not legal advice. Every case turns on its own facts and documents, and the rules and periods can change. Talk to a lawyer about your situation before you act.
Being served papers is stressful, but most of what goes wrong afterwards comes from one thing: letting the deadline pass. The period to answer usually starts on the day you RECEIVE the papers, not the day they were signed.
First, today
- Write down the date and time you received the papers, and who handed them to you. Keep the envelope.
- Do not throw away, write on, or sign anything you do not understand.
- Do not call or message the other side to argue. What you say can be used later.
- Bring every page to a lawyer as soon as you can — the periods are short.
What kind of paper is it?
- A subpoena from the Office of the Prosecutor, with a complaint-affidavit attached: this is a preliminary investigation of a criminal complaint. You are usually given ten (10) days from receipt to file a counter-affidavit with your evidence. If you file nothing, the prosecutor may decide on the complainant's evidence alone.
- Summons from a court in a civil case, with a complaint attached: under the 2019 Amended Rules of Civil Procedure, the Answer is generally due within thirty (30) calendar days from service. If no Answer is filed, you can be declared in default. Small claims and some other cases have shorter periods.
- A subpoena from a court to testify (ad testificandum) or to bring documents (duces tecum): you must appear on the date given. Ignoring it can be punished as contempt of court.
- A summons from the barangay (Katarungang Pambarangay): appear before the Punong Barangay or the Lupon on the date given. Many disputes between people in the same city or municipality must pass through the barangay first, and failing to appear has consequences for your side of the case.
- A notice from the NLRC or a DOLE office in a labor case: there is a mandatory conference on a set date. Attend, or send a representative with written authority.
What to bring to the lawyer
- Every page you received, including the envelope.
- Contracts, receipts, messages and photos connected to the dispute.
- The names and addresses of the people involved, and of anyone who saw what happened.
Can the deadline be moved?
Sometimes, for a good reason, and only if a request is filed BEFORE the period ends. Never assume an extension will be granted.