Philippine Bar review · Question

Practice question: Effect of Failure to Plead (Rule 9, Secs. 1 and 2)

Multiple Choice Hard

Practice question

A defendant argues that every unpleaded objection is preserved forever because subject-matter jurisdiction is preserved. The plaintiff argues that even an established subject-matter defect is always waived. Which is best?
  1. Both absolute positions are correct
  2. All procedural categories have identical effects
  3. Rule9 distinguishes the ordinary waiver rule from its enumerated preserved grounds; neither universal claim is correct
  4. Only the parties’ agreement matters
  5. No court may examine the record

Legal references

  • Rule9 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html

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