Philippine Bar review · Question

Practice question: Defendant Whose Identity or Location are Unknown

Multiple Choice Hard

Practice question

The defendant was initially an unknown owner. Before publication, reliable records disclose the owner’s identity and current address. The plaintiff deliberately ignores this and continues asserting unknown identity without updating the pleading or application. Which procedural duty is directly implicated?
  1. The pleading must be amended upon discovery of true identity, and the factual basis for the chosen service must be reassessed
  2. Known identity can always be sworn unknown
  3. Discovery creates no duty under Rule3
  4. A false designation guarantees valid publication
  5. The address is irrelevant to every mode

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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