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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ IV. JUDICIAL DEPARTMENT ▸ B. Judicial Review ▸ 1. Requisites ▸ c. Raised at the Earliest Possible Opportunity

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Question

Review Question 1: Requisites on Raising an Issue at the Earliest Possible Opportunity

In a civil case, Maria filed a complaint against Juan for breach of contract. During the pre-trial conference, Maria's lawyer discovered that there was a defect in the complaint that could potentially affect the outcome of the case. However, Maria's lawyer chose not to raise the issue during the pre-trial conference. Instead, he waited until the trial proper to bring up the defect.

Discuss the requisites and the importance of raising an issue at the earliest possible opportunity in civil cases. Cite relevant laws, rules, and jurisprudence to support your answer.

Answer

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