Practice question
A surety invokes a court’s relief for years, obtains procedural benefits, and raises a long-available statutory-power objection only after adverse execution proceedings. The record establishes the extraordinary inequitable history comparable to Tijam. What is the accurate consequence?
- The surety may be barred from the belated objection under the narrow equitable doctrine; its conduct does not enact a jurisdictional statute.
- The surety becomes a legislature.
- Every court everywhere acquires the same missing power.
- All nonparticipating strangers are automatically estopped.
- Every promptly raised objection must also fail.
Legal references
- Figueroa v. People, G.R. No. 147406, July 14, 2008, main decision, law at institution and narrow estoppel doctrine: https://lawphil.net/judjuris/juri2008/jul2008/gr_147406_2008.html
- Tijam v. Sibonghanoy, G.R. No. L-21450, April 15, 1968, main decision, surety and exceptional inequitable conduct: https://lawphil.net/judjuris/juri1968/apr1968/gr_l-21450_1968.html
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