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?
- Leave permits any answer period, even zero
- The ninety-day service reference means the defendant can never receive sixty days to answer
- The order must provide a reasonable period of at least sixty calendar days after notice; leave does not excuse the shorter period
- The shorter period is valid if the publisher prefers it
- 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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