Practice question
A party omits a properly established res-judicata ground from an earlier attack. The opponent relies only on omnibus waiver and ignores Rule 9. Which is correct?
- Every omitted matter is waived without any qualification.
- Rule 15 silently deletes Rule 9.
- Prior judgments are always ordinary typographical objections.
- The express Rule 9 qualification must be applied to the particular prior-judgment ground.
- A party’s omission automatically nullifies the earlier final judgment.
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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