Practice question
The record establishes another action pending between the same parties for the same cause. Counsel insists that the court cannot consider this because only subject-matter jurisdiction is excepted from ordinary waiver. Which is best?
- Only jurisdiction appears in the exception
- Any two cases automatically qualify regardless of parties or cause
- A pending case is irrelevant in every circumstance
- Rule9 Section1 also expressly lists the stated pending-action ground
- The later case automatically proves the claimant’s entitlement
Legal references
- Rule9 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html
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