OMNIBUS MOTION RULE UNDER PHILIPPINE CIVIL PROCEDURE (RULE 15, SECTION ON OMNIBUS MOTION)

I. OVERVIEW

The Omnibus Motion Rule is a cornerstone of Philippine Civil Procedure designed to streamline litigation and prevent piecemeal objections that waste judicial time. It is found under Rule 15 of the Rules of Court (as amended). The rule requires that when a party files a motion attacking a pleading, order, judgment, or proceeding, all available objections must be included in that single motion. Failure to include a particular objection will, as a general rule, result in a waiver of that objection.

The Omnibus Motion Rule is closely linked to the concept of fair play and judicial economy. It compels parties to raise all grounds or objections at the earliest opportunity, ensuring that the court can dispose of all pertinent issues together and avoid multiple motions that delay the proceedings.

II. LEGAL BASIS

Text of the Omnibus Motion Rule

Under the 2019 Amendments to the Rules of Civil Procedure, the omnibus motion rule is embodied in Section 9, Rule 15 (previously Section 8 under the 1997 Rules of Court). The general text states:

“Subject to the provisions of Section 1, 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.”
Related Provisions
- Rule 9, Section 1 (Defenses and Objections Not Pleaded): Provides for the defenses that may be waived if not raised at the earliest opportunity, and the exceptions to such waiver.
- Rule 15 (Motions): Prescribes the form, contents, and manner of filing motions.
- Rule 16 (Motion to Dismiss) under the old rules, now primarily addressed in Rule 8, Section 12 and Rule 9 of the 2019 Amendments: Details the grounds that a party must raise to dismiss a complaint.

III. RATIONALE AND PURPOSE

Avoiding Piecemeal Litigation
The principal purpose of the Omnibus Motion Rule is to prevent parties from raising objections in a staggered manner—filing multiple motions in succession, each raising a new ground. By consolidating all available objections in one motion, courts avoid repetitive hearings and the attendant delays.
Ensuring Fairness and Efficiency
- Fairness: The opposing party and the court can address all issues at once, eliminating surprises later on.
- Judicial Efficiency: Consolidating objections minimizes motions that clog court dockets and prolong trials.
Protecting Substantial Rights
While the rule is strictly applied, it also acknowledges certain exceptions rooted in substantial justice—such as lack of jurisdiction and other matters that cannot be waived.

IV. SCOPE AND APPLICATION

Attacks on Pleadings, Orders, Judgments, or Proceedings
Any motion intended to challenge or question a pleading (e.g., a complaint, answer, reply), an interlocutory order, or a final judgment must raise all grounds at once. Examples include:
- Motion to dismiss the complaint
- Motion to quash a writ of execution
- Motion for reconsideration of an interlocutory order
- Motion attacking the court’s procedure or authority over the case
All Objections “Then Available”
- An objection is deemed “available” if, at the time of filing the motion, the party knew or should have known of the grounds.
- These can include (among others) improper venue, lack of jurisdiction over the person, lack of legal capacity to sue, lack of cause of action, defect of parties, violation of a procedural rule, etc.
- Grounds not included (though known or discoverable with reasonable diligence) are deemed waived.
Timing
- The omnibus motion typically arises before or during the filing of responsive pleadings (e.g., motion to dismiss attacking the complaint).
- It can also apply to motions questioning interlocutory orders (e.g., attacking a denial of a motion for reconsideration or a special order).

V. EFFECT OF FAILURE TO INCLUDE ALL OBJECTIONS (WAIVER)

General Rule: Waiver
By explicit mandate of the Omnibus Motion Rule, any objection not raised in the attacking motion shall be deemed waived. This strict approach promotes the policy against multiple motions.
Exceptions
Despite the strong wording, certain objections cannot be waived under prevailing jurisprudence and rules. Specifically:
- Lack of Jurisdiction over the Subject Matter
  A party can raise this defense at any stage of the proceedings, even on appeal, because jurisdiction over the subject matter is conferred by law and cannot be conferred by estoppel or waiver.
- Litis Pendentia
  The defense of another action pending between the same parties for the same cause of action may be raised subsequently if not initially included.
- Res Judicata
  Where the matter has been previously decided by a competent court, the principle of finality of judgment applies, and it can be raised at any stage if later discovered.
- Prescription
  If the plaintiff’s claim is already time-barred, the defendant can raise it in an answer or at any stage, subject to certain jurisprudential nuances.
Under older rules, other defenses such as failure to state a cause of action or unenforceability under the Statute of Frauds could also be raised subsequently (e.g., in a motion for judgment on the pleadings or at the trial on the merits). However, under the 2019 Revised Rules, these must now generally be pleaded as affirmative defenses in the answer (Rule 8, Section 12) or else they may be deemed waived, subject to the court’s discretion if truly jurisdictional or grounded on substantial justice.
Jurisprudential Caveat
Courts have emphasized that the rule against waiver is not absolute if a party is shown to have intentionally or negligently failed to raise the defense. Where there is estoppel or a compelling reason not to apply the exception, the court may still consider the defense waived.

VI. RELEVANT JURISPRUDENCE

Sarmiento v. Court of Appeals
Reiterated that litigants must invoke all available defenses or objections in a single motion; otherwise, such defenses are barred by waiver.
Manalili v. Court of Appeals
Emphasized that the omnibus motion rule applies to all motions attacking an adverse party’s pleading; the rule aims to avoid repeated delays caused by multiple motions.
Soy Chun v. Mencias
Clarified the scope of exceptions, particularly lack of jurisdiction over the subject matter. The Court reiterated that such a defect can be raised at any time.
Republic v. Sandiganbayan
Warned that while jurisdiction over the subject matter is never waived, the rule’s purpose is to ensure that all other defenses, especially those that are not jurisdictional, must be raised in a timely manner.

VII. PRACTICAL GUIDELINES AND STRATEGY

Before Filing Any Motion
- Thoroughly review the pleadings or orders you plan to attack.
- Conduct a comprehensive legal and factual assessment to identify every viable defense or objection.
- If there are multiple grounds, consolidate them in one motion.
Drafting the Omnibus Motion
- Clearly label the pleading as an “Omnibus Motion” (though not mandatory, clarity helps).
- Enumerate all grounds distinctly.
- Cite applicable legal provisions and jurisprudence for each ground.
- Attach supporting affidavits or documentary evidence if needed or if the rules require.
Filing and Service
- Abide by the relevant timelines under the Rules.
- Ensure proper service on all parties and compliance with e-filing or electronic service requirements (if applicable).
Responding to an Omnibus Motion
- A party opposing an omnibus motion must timely file a written opposition.
- Address all grounds the movant has raised; failure to oppose a ground might be interpreted as a concession of that point.
Avoiding Waiver and Preserving Defenses
- Even if you suspect that your defense may be “unwaivable” (e.g., lack of jurisdiction over subject matter), it is prudent to assert it as early as possible.
- When in doubt, err on the side of inclusion—raise all possible objections in the motion.

VIII. IMPLICATIONS FOR LEGAL ETHICS

Duty of Candor and Diligence
Lawyers must exercise due diligence in identifying all available grounds for their client’s motion. Failure to do so may not only prejudice the client (through waiver) but also reflect adversely on the lawyer’s competence.
Avoiding Vexatious Litigation
The Code of Professional Responsibility obliges lawyers to avoid dilatory tactics. Filing multiple motions on grounds that could have been consolidated violates the spirit (and letter) of the rule and may subject counsel to sanctions for improper conduct or forum shopping.
Good Faith in Advocacy
While zealous advocacy is the norm, attorneys must ensure that the grounds they include in an omnibus motion have legal or factual basis. Frivolous or groundless arguments may lead to the imposition of disciplinary measures, including fines or administrative penalties.

IX. SAMPLE BASIC FORM (ILLUSTRATIVE ONLY)

Below is a simplified template illustrating how one might structure an omnibus motion. Exact formatting and content will vary depending on the specific rules of the court, local practice guidelines, and the nature of the objections raised.

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Judicial Region, Branch No.]
[City/Municipality]

[Case Title]

x---------------------------------x

                 OMNIBUS MOTION 
  (To Dismiss the Complaint and/or Raise Other Available Objections)

Defendant, by counsel, respectfully states:

1. Introduction
   1.1. A brief history of the case and the procedural posture.

2. Grounds for Dismissal / Objections
   2.1. Lack of Jurisdiction over the Person of the Defendant.
   2.2. Improper Venue.
   2.3. Plaintiff’s Failure to State a Cause of Action. 
   2.4. Other defenses available under the rules.

3. Discussion
   3.1. Legal and factual basis for each objection.

4. Prayer
   WHEREFORE, premises considered, Defendant prays that the Honorable Court:
       4.1. Grant the Motion to Dismiss the Complaint; or
       4.2. In the alternative, grant the appropriate relief based on the objections raised; and
       4.3. Provide such other relief and remedies as may be just and equitable.

Respectfully submitted this __ day of _____ 20__ at [City].

[Signature]
[Name of Counsel]
[PTR No., IBP No., Roll No., MCLE Compliance]
[Address & Contact Details]

X. KEY TAKEAWAYS

Consolidate, Consolidate, Consolidate
Always raise all known or knowable defenses in a single motion.
Know the Non-Waivable Defenses
Lack of jurisdiction over the subject matter, res judicata, litis pendentia, and prescription remain unaffected by failure to invoke them in an omnibus motion (with nuances on how and when they can still be raised).
Be Vigilant with Deadlines
If a ground must be raised in a specific motion (e.g., a motion to dismiss prior to answer), follow the rule or risk total waiver.
Maintain Ethical Standards
Counsel must act promptly and honestly in identifying legitimate grounds; do not file multiple motions in bad faith or for delay.

FINAL WORD

The Omnibus Motion Rule is a pivotal procedural mechanism in Philippine civil litigation. Mastery of this rule ensures efficient case management, upholds fair play, and preserves the integrity of the judicial process. Lawyers who fail to raise all available objections in a single motion risk losing potentially meritorious defenses due to procedural waiver—underscoring the need for comprehensive and conscientious legal preparation.