Practice question
A litigant knew the statute and all relevant facts when the action began. He deliberately omitted any constitutional objection through trial, lost on ordinary grounds, then first raises the constitutional issue after judgment solely for tactical advantage. He identifies no applicable exception or earlier impediment. Which objection is most directly supported by the ordinary requisites in Francisco?
- The constitutional question was not raised at the earliest possible opportunity
- The Court must always reach any new issue after judgment
- Constitutional questions can never be raised in any pleading
- A losing party automatically acquires standing to challenge every statute
- The earliest-opportunity rule applies only to government lawyers
Legal references
- 1987 Constitution, Article VIII, Section 1: https://lawphil.net/consti/cons1987.html
- Francisco v. House of Representatives, G.R. No. 160261 and consolidated cases, November 10, 2003, main opinion, Essential Requisites for Judicial Review: https://lawphil.net/judjuris/juri2003/nov2003/gr_160261_2003.html
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