Practice question
No legal commitment exists and the petitioner alleges that the restraint is without legal authority. Must the drafter fabricate a commitment document to attach?
- Yes, a fabricated order is mandatory
- Yes, the drafter must invent a court case number
- Yes, an unrelated warrant must be attached
- Yes, the allegation of no authority is forbidden
- No, the petition must truthfully state the lack of legal authority; attachment of a procurable commitment is governed by Section 3(d)
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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