His legal counsel said he did not recieve the summons from the fiscal.
"My client is in Baungon, Bukidnon. He has not personally received the notice, your honor," lawyer Ed Tamondong told Assistant State Prosecutor Perfecto Laurence Chua Cheng.
Tamondong said he received a call from his client asking him to appear before the court to verify the nature of the complaint.
During the hearing, opposition Congressmen led by minority leader Francis Escudero filed perjury, falsification of documents and violation of the Passport Act against Garcillano.
Among those who swore before the state prosecutors aside from Escudero were Rep. Gilbert Remulla, Loreta Ann Rosales, Lorenzo Tanada, Riza Baranquel Honteveros, Teddy Casiño and Darlene Antonino.
Lacson has also filed a similar complaint but it was not acted upon because it was not sworn before the government prosecutor.
Tamondong asked the prosecutor to give him enough time to review the two complaints saying that his client is very willing to face the charges.
In an interview with reporters, however, Tamondong hinted that Garcillano will be elusive again to the media and may file his counter affidavit in Cagayan de De Oro City.
"Coming to Manila is very expensive. My client has high blood pressure so we may just file our counter affidavit in Cagayan de Oro," he said.
Tamondong said his client welcomed the filing of the case so that they can have their day in court to answer all the charges.
The cases stemmed from the alleged tampering of Garcillano’s passport to make it appear that the former official never left the country. A Congressional inquiry, however, revealed that Garcillano went to Singapore on board a chartered plane as indicated in the note verbal from Singapore submitted by the Department of Foreign Affairs.