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Philippine Bar review · Question

Practice question: General Concepts

Multiple Choice Medium

Practice question

In a family-only debt suit, the defendant seasonably raises no151 objection and the defense is stipulated waived. An appellate court proposes dismissal solely on that waived ground as jurisdictional. Which follows Favis?
  1. The waived nonjurisdictional ground does not authorize that dismissal
  2. Every waived defense remains jurisdictional
  3. The court must invent an objection
  4. Waiver necessarily proves the debt paid
  5. Only relatives can waive jurisdiction

Legal references

  • Family Code EO209: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html Articles149–151.
  • Moreno v Kahn GR217744 July30,2018 MAIN: https://lawphil.net/judjuris/juri2018/jul2018/gr_217744_2018.html MAIN strangers and nonjurisdictional condition.
  • Heirs of Favis v Gonzales GR185922 January15,2014 MAIN: https://lawphil.net/judjuris/juri2014/jan2014/gr_185922_2014.html MAIN waived ground.

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