Defenses or objections no pleaded in either in a motion to dismiss or in the answer, they are deemed waived.
Are there exceptions? Yes, they are: (a) When it appears from the pleading or the pieces of evidence on record that the court has
no jurisdiction over the subject matter; (b) That there is another
action pending between the same parties for the same cause; (c) That the action is barred by the
statute of limitations; (d)
Res judicata. In all these cases, the court shall dismiss the claim (Sec. 1, Rule 9).
