Practice question
A motion challenges an execution order using grounds then available. Months later, a separate new order creates a distinct alleged defect that did not exist when the first motion was filed. The opponent says every future objection was waived by that first motion. Which is best?
- The first motion waives all future acts automatically
- A later ground is always valid on the merits
- Only the date of the original complaint matters
- The court must determine whether the new objection was then available and concerns the same challenged matter; blanket future waiver does not follow
- Any later motion is automatically timely
Legal references
- Rule15 Section9; G.R.109648, November22 2001, main decision: https://lawphil.net/judjuris/juri2001/nov2001/gr_109648_2001.html
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