Philippine Bar review · Question

Practice question: Petition for Issuance of Writ of Habeas Corpus

Multiple Choice Medium

Practice question

The detaining person's exact name is unknown, but the petitioner can describe the custodian. What does Section 3(b) allow?
  1. An assumed appellation or description identifying the officer or person where the name is unknown or uncertain
  2. Automatic abandonment of the remedy
  3. Inventing a known person's identity without basis
  4. Naming only an unrelated stranger
  5. Omitting every available identifying detail

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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