Philippine Bar review · Question

Practice question: Defendant Whose Identity or Location are Unknown

Multiple Choice Medium

Practice question

A publication-leave motion is supported by an authorized person’s affidavit on the plaintiff’s behalf setting forth the grounds. Must the plaintiff personally be the only possible affiant?
  1. No; Section19 expressly allows a person on the plaintiff’s behalf
  2. Yes; all other affidavits are prohibited
  3. Yes; only a newspaper editor may support leave
  4. Yes; the defendant must swear to the motion
  5. Yes; only the judge can make the affidavit

Legal references

  • Current Rule14 relevant Sections5–6,11–12,14–16 and19–23: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html Unknown defendant, identity discovery and publication proof.

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