Philippine Bar review · Question

Practice question: Petition for Issuance of Writ of Habeas Corpus

Multiple Choice Hard

Practice question

A draft petition states only 'detention is illegal,' omitting who restrains the adult, the known location, the concrete restraint and the alleged absence of lawful authority. Which revision best meets Section 3?
  1. Retain only the legal conclusion
  2. Replace facts with an insult
  3. Remove verification to save time
  4. State the actual restraint, identify or describe the custodian, give the known location and set out the cause or lack of authority with the prescribed supporting material
  5. Guarantee release merely because a petition is filed

Legal references

  • Rules of Court, Rule 102 Sections 1 and 3–6; ordinary adult unlawful-restraint petition, not the separate child-custody procedure: https://lawphil.net/courts/supreme/rc/rc_72-109_proceedings.html

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