Practice question
A petition seeks production of an adult prisoner but states that filing itself has already nullified the commitment. No court has adjudicated the petition. What correction best distinguishes the application from judicial relief?
- State that the petitioner may release the prisoner personally.
- Request issuance and the prescribed inquiry, and seek discharge only upon a lawful determination that restraint is unlawful.
- Declare the custodian in contempt before service.
- Delete the cause of detention as legally irrelevant.
- Claim all existing criminal orders disappear on filing.
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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