This case has been cited 1 times or more.
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2004-04-14 |
CARPIO, J. |
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| The determination of issues during the pre-trial conference bars the consideration of other questions, whether during trial or on appeal.[6] Section 1 of Rule 9 covers situations where a defense or objection is not raised in a motion to dismiss or an answer. What we have before us is the exact opposite. Here, petitioners in fact raised in their answer the defense of prescription and laches. However, despite raising the defense of prescription and laches in their answer, petitioners failed to include this defense among the issues for consideration during the trial. The non-inclusion of this defense in the pre-trial order barred its consideration during the trial. Clearly, Section 1 of Rule 9 does not apply to the present case. | |||||