Philippine Bar review · Question

Practice question: Defendant Whose Identity or Location are Unknown

Multiple Choice Hard

Practice question

After proper inquiry, the court authorizes publication under section 16 for a defendant whose whereabouts remain unknown. Its order allows only thirty calendar days after notice to answer. The plaintiff argues that leave alone validates the shorter period. Which is correct?
  1. Leave permits any answer period, even zero
  2. The ninety-day service reference means the defendant can never receive sixty days to answer
  3. The order must provide a reasonable period of at least sixty calendar days after notice; leave does not excuse the shorter period
  4. The shorter period is valid if the publisher prefers it
  5. Every defendant whose whereabouts are unknown loses the right to answer

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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