Philippine Bar review · Question

Practice question: Effect of Estoppel

Multiple Choice Hard

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?
  1. The surety may be barred from the belated objection under the narrow equitable doctrine; its conduct does not enact a jurisdictional statute.
  2. The surety becomes a legislature.
  3. Every court everywhere acquires the same missing power.
  4. All nonparticipating strangers are automatically estopped.
  5. 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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