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Philippine Bar review · Question

Practice question: Petition for Issuance of Writ of Habeas Corpus

Multiple Choice Hard

Practice question

A sister prepares an adult habeas petition after visiting her detained brother. A readily available commitment identifies the jail warden, court order and criminal case. She deletes those facts and substitutes “kidnapped by strangers” to make the petition appear stronger. What revision is required?
  1. Restore the true custody and commitment facts and articulate only a supportable basis for claiming unlawful restraint.
  2. Retain the false allegation because urgency excuses it.
  3. Omit verification so the allegation cannot be tested.
  4. Replace the warden with an unrelated public official.
  5. Request a final acquittal without disclosing the criminal case.

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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