Practice question
A draft petition concedes a lawful conviction and jurisdiction, identifies no exceptional ground, and seeks release solely because the judgment misspells a street name. Is that defect alone a proper discharge theory under Rule 102, Section 4?
- Yes, because habeas corpus always replaces appeal.
- Yes, every typographical error voids custody.
- Yes, if the misspelling appears twice.
- No; mere informality or defect in the process or judgment does not authorize discharge when the issuing court had jurisdiction.
- Yes, if the custodian admits the spelling mistake.
Legal references
- Rules of Court, Rule 102, Sections 3–6 and 10–12: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
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