Philippine Bar review · Question

Practice question: By Whom Effected

Multiple Choice Medium

Practice question

A prisoner-defendant is confined in a provincial jail. The officer managing the jail serves the duly issued summons on that prisoner under Section 8. A party objects solely that the officer is not the ordinary branch sheriff. Which is correct?
  1. Only a regular branch sheriff can ever serve a confined defendant.
  2. The prisoner is immune from civil process throughout confinement.
  3. The plaintiff must obtain the prisoner’s release before any service.
  4. Section 8 deems that institutional officer a special sheriff for the purpose.
  5. The jail officer may create a new complaint instead of serving process.

Legal references

  • 2019 Amendments to Civil Procedure, Rule 14, particularly Sections 1-5, 8, 13 and 23, as applicable to the stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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