Practice question
A party first files a proper motion only requesting additional time to answer, without attacking a pleading, order, judgment or proceeding. The opponent invokes Section 9 alone to deem every unmentioned objection waived. Which is sound?
- Every procedural request necessarily attacks every ruling.
- The text has no predicate requirement.
- An extension request automatically admits the complaint’s merits.
- Section 9 is the only waiver rule in civil procedure.
- Section 9’s attacking-motion predicate must first be established; other applicable defense-waiver rules remain separate.
Legal references
- 2019 Amendments to Civil Procedure, Rules 8, 11, 14 Section 23 and 15, as relevant to each stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rules of Court, Rules 6, 9 Section 1, 15 Sections 1 and 3 and 33, retained provisions read with the current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
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