Practice question
A suit begins before a new statute exists. During litigation, the statute is enacted and first applied directly to the litigant’s existing claim. Using the proper procedural vehicle, the litigant promptly raises the constitutional objection at the first available opportunity. The opponent argues the earliest-opportunity rule necessarily requires raising every issue in the original pleading even before the challenged statute existed. Which is sound?
- A litigant must challenge laws before they exist
- Every constitutional issue must wait until after final judgment
- The original pleading automatically preserves all future constitutional issues
- The rule concerns the earliest possible opportunity; it does not demand an impossible pre-enactment objection
- The new statute is automatically unconstitutional
Legal references
- Francisco v. House of Representatives, G.R. No. 160261 et al., November 10, 2003, main opinion: https://lawphil.net/judjuris/juri2003/nov2003/gr_160261_2003.html
Answer this question in flashcards to review your response and continue practicing.