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Habeas Corpus Petition Service Explained

The document discusses a petitioner's assertion that a summons was improperly served in a habeas corpus petition. The summary states that service of a summons is not required in a habeas corpus petition under the Rules of Court or administrative order. As held in a previous case, a writ of habeas corpus plays a role similar to a summons in acquiring jurisdiction over the respondent, like in ordinary civil actions.

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Leogen Tomulto
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10 views1 page

Habeas Corpus Petition Service Explained

The document discusses a petitioner's assertion that a summons was improperly served in a habeas corpus petition. The summary states that service of a summons is not required in a habeas corpus petition under the Rules of Court or administrative order. As held in a previous case, a writ of habeas corpus plays a role similar to a summons in acquiring jurisdiction over the respondent, like in ordinary civil actions.

Uploaded by

Leogen Tomulto
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Lastly, as regards petitioner’s assertion that the summons was improperly served, suffice it

to state thatservice of summons, to begin with, is not required in a habeas corpus petition, be
it under Rule 102 of the Rules of Court or A.M. No. 03-04-04-SC. As held in Saulo v. Cruz, a
writ of habeas corpus plays a role somewhat comparable to a summons, in ordinary civil
actions, in that, by service of said writ, the court acquires jurisdiction over the person of the
respondent.22

G.R. No. 210636 July 28, 2014

MA. HAZELINA A. TUJANMILITANTE IN BEHALF OF THE MINOR CRISELDA M.


CADA, Petitioner,
vs.
RAQUEL M. CADA-DEAPERA, Respondent

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