Philippine Bar review · Question

Practice question: Habeas Corpus (Rule 102; See also AM 03-04-04-SC)

Multiple Choice Hard

Practice question

After a competent court orders habeas discharge, the detaining officer is never served a copy. A party says Section15 makes service irrelevant to effectiveness. Which is correct?
  1. Service is expressly forbidden
  2. The rule conditions effectiveness on service of the order on the detaining person or officer
  3. Only a private text to counsel matters
  4. The officer chooses a new sentence
  5. The discharge automatically adjudicates unrelated property

Legal references

  • Rules91,93,97 and102, relevant continuing provisions: https://lawphil.net/courts/rules/rc_72-109_proceedings.html

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