Practice question
A party calls an ordinary prematurity objection a jurisdiction objection to obtain automatic motu proprio dismissal despite waiver. What does Agullo require?
- Examine the true ground; prematurity is not automatically one of Rule 9’s enumerated motu proprio grounds.
- Every defense becomes nonwaivable when relabeled jurisdiction.
- Prematurity always proves missing statutory authority.
- Rule 9 authorizes dismissal for any omitted defense whatsoever.
- The caption chosen by counsel conclusively controls the court.
Legal references
- Civil Code, Articles 2035(5) and 2037, jurisdiction excluded from compromise and judicial-execution distinction: https://lawphil.net/statutes/repacts/ra1949/pdf/ra_386_1949.pdf
- Rules of Court, Rule 9 Section 1 and Rule 65 Section 1, read with applicable amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Spouses Agullo v. Victa-Espinosa, G.R. No. 269921, April 22, 2025, en banc main decision, governing law at filing and Rule 9: https://lawphil.net/judjuris/juri2025/apr2025/gr_269921_2025.html
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