Practice question
A private individual restrains an adult. Counsel’s proposed prayer asks that the writ direct an officer to produce the adult and summon the private custodian to show cause. Does Rule 102 contemplate that structure?
- No, the officer must first acquire a personal claim against the custodian.
- No, private restraint can never be examined.
- No, the private custodian must be made the judge.
- No, the petition must request only monetary damages.
- Yes; Section 6 provides that structure for restraint by a person who is not an officer.
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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