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What is the Omnibus Motion Rule?


Sec. 8. Omnibus motion. — Subject to the provisions of section 1 of Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall include all objections then available, and all objections not so included shall be deemed waived." (Rule 2, Rules of Court)


What is the Omnibus Motion Rule?

The Omnibus Motion Rule is a procedural principle which requires that every motion that attacks a pleading, judgment, order or proceeding shall include all grounds then available, and all objections not so included shall be deemed waived (Sec. 8, Rule 15, Rules of Court). 


What objections are not deemed waived even if not included in the motion?

Under Sec. 1, par. 2, Rule 9 of the Rules of Court), the following objections are not deemed waived even if not pleaded in the motion to dismiss or in the answer:

  1. that the court has no jurisdiction over the subject matter; 
  2. that there is another action pending between the same parties for the same cause (litis pendencia); 
  3. that the action is barred by a prior judgment (res judicata); and 
  4. that the action is barred by the statute of limitations (prescription) 


What is an example of a motion that is subject to the omnibus motion rule?

A motion to dismiss is a typical example of a motion subject to the omnibus motion rule, since a motion to dismiss attacks a complaint which is a pleading. 

A motion to dismiss must invoke all objections which are available at the time of its filing. If the objection which is available at the time is not pleaded in the motion, that, ground is deemed waived. It can no longer be invoked as an affirmative defense in the answer which the movant may file following the denial of his motion to dismiss.


Example:

Q: X filed a motion to dismiss invoking (1) the complaint's failure to state a cause of action and (b) the court's of lack of jurisdiction over the person of the defendant. Two objections available at the time the motion is filed, namely, improper venue and prescription were not included in the motion. The motion to dismiss was denied. May X still allege in his Answer as defenses improper venue and prescription? 

A: Improper venue is deemed waived because it was available as a defense at the time the motion was filed but was not invoked. Prescription, on the other hand, is not waived and can still be interposed as an affirmative defense in the answer. It is a defense that is not deemed waived under the explicit provisions of Sec. l of Rule 9.


Jurisprudence:

● Section 8, Rule 15 of the Rules of Court defines an omnibus motion as a motion attacking a pleading, judgment or proceeding. A motion to dismiss is an omnibus motion because it attacks a pleading, that is, the complaint. For this reason, a motion to dismiss, like any other omnibus motion, must raise and include all objections available at the time of the filing of the motion because under Section 8, "all objections not so included shall be deemed waived." As inferred from the provision, only the following defenses under Section 1, Rule 9, are excepted from its application: [a] lack of jurisdiction over the subject matter; [b] there is another action pending between the same parties for the same cause (litis pendentia); [c] the action is barred by prior judgment (res judicata); and [d] the action is barred by the statute of limitations or prescription. (Sps. De Guzman vs. Ochoa, G.R. No. 169292, April 13, 2011)

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