Practice question
The plaintiff tries one address once, makes no inquiry into the defendant’s whereabouts, and seeks immediate publication solely because searching would cost money. The application contains no facts showing diligent inquiry or an unknown-owner setting. Which is correct?
- One failed visit necessarily proves every section 16 condition
- Cost preference automatically replaces diligence
- Publication is valid merely because the plaintiff chooses it
- The stated facts do not establish the unknown-whereabouts condition requiring diligent inquiry; the plaintiff must support the proper ground for leave
- The court must enter default before examining service
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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