Philippine Bar review · Question

Practice question: Defendant Whose Identity or Location are Unknown

Multiple Choice Medium

Practice question

A plaintiff seeks section 16 leave after documenting that the defendant’s whereabouts cannot be found by diligent inquiry. How must the request for necessary leave be presented under section 19?
  1. By an unsigned private note to the publisher
  2. By a written motion supported by an affidavit setting out the grounds
  3. Only through an unsworn telephone call
  4. By declaring the defendant in default before permission
  5. By asking a witness to invent an address

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 14 sections 16, 19 and 22, unknown identity or whereabouts, ninety-day reference from commencement, leave, minimum answer period and publication proof.

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