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The omnibus motion rule embodied in Rule 15, Section 8, of the Rules of Court reads as follows: SEC. 8.

Omnibus motion.Sub ect to the !ro"isions of section 1 of Rule #, a motion attac$in% a !leadin%, order, ud%ment, or !roceedin% shall include all ob ections then a"ailable, and all ob ections not so included shall be deemed wai"ed SECT&O' 1 of rule #. (efenses and ob ections not !leaded.)(efenses and ob ections not !leaded either in a motion to dismiss or in the answer are deemed wai"ed. *owe"er, when it a!!ears from the !leadin%s or the e"idence on record that the court has no urisdiction o"er the sub ect matter, that there is another action !endin% between the same !arties for the same cause, or that the action is barred b+ a !rior ud%ment or b+ statute of limitations, the court shall dismiss the claim. ,nder the omnibus motion rule, a motion attac$in% a !leadin% li$e a motion to dismiss shall include all %rounds then a"ailable and all ob ections not so included shall be deemed wai"ed. The defense of lac$ of urisdiction o"er the sub ect matter is howe"er, a defense not barred b+ the failure to in"o$e the same in a motion to dismiss alread+ filed. E"en if a motion to dismiss was filed and the issue of urisdiction was not raised therein, a !art+ ma+, when he files an answer, raise the lac$ of urisdiction as an affirmati"e defense because this defense is not barred under the omnibus motion rule. &n the boo$ of Riano: The rule is a !rocedural !rinci!le which re-uires that e"er+ motion that attac$s a !leadin%, ud%ment, order or !roceedin% shall include all %rounds then a"ailable, and all ob ections not so included shall be deemed wai"ed. Since the rule is sub ect to the !ro"isions of section 1 of rule #, the ob ections mentioned therein are not deemed wai"ed e"en if not included in the motion. These ob ections are: a. that the court has no urisdiction o"er the sub ect matter. e.am!le is the lac$ of cause of action, etcetera. b. that there is another action !endin% between the same !arties for the same cause. litis !endencia. c. that the action is barred b+ a !rior ud%ment. res udicata. d. that the action is barred b+ the statute of limitations or !rescri!tion. a motion to dismiss is a t+!ical e.am!le of a motion sub ect to the omnibus motion rule, since a motion to dismiss attac$s a com!laint which is a !leadin%. /ollowin% the omnibus motion rule, if a motion to dismiss is filed, then the motion must in"o$e all ob ections which are a"ailable at the time of the filin% of said

motion. if the ob ection which is a"ailable at the time is not included in the motion, that %round is deemed wai"ed. &t can no lon%er be in"o$ed as an affirmati"e defense in the answer which the mo"ant ma+ file followin% the denial of his motion to dismiss. To illustrate: &n a case filed with the RTC, the defendant file a motion to dismiss in"o$in% the followin% as ob ections: a. the com!laint0s failure to state a cause of action. b. lac$ of urisdiction o"er the !erson of the defendant. and c. that the contract "iolates the statute of frauds. Two ob ections a"ailable at the time the motion is filed, namel+, im!ro!er "enue and !rescri!tion were not included in the motion. The motion to dismiss was denied. 1uestion: 2a+ the defendant in his answer, filed after the denial of his motion to dismiss, in"o$e the affirmati"e defenses of im!ro!er "enue and !rescri!tion3 4nswer: &m!ro!er "enue is deemed wai"ed. &t was a"ailable as a defense at the time the motion was filed and should ha"e been in"o$ed. /ailure to so include the same in the motion is to be contrued as wai"er of the ob ection. 5rescri!tion, on the other hand, is not wai"ed and can still be inter!osed as an affirmati"e defense in the answer. &t is a defense that is not deemed wai"ed under the e.!licit !ro"isions of Section 1 of Rule #. R,6E 8. 24''ER O/ 247&'8 466E84T&O'S &' 56E4(&'8S. SECT&O' 1. &n %eneral .E"er+ !leadin% shall contain in a methodical and lo%ical form, a !lain, concise and direct statement of the ultimate facts on which the !art+ !leadin% relies for his claim or defense, as the case ma+ be, omittin% the statement of mere e"identiar+ facts. &f a defense relief on is based on law, the !ertinent !ro"isions thereof and their a!!licabilit+ to him shall be clearl+ and concisel+ stated. SEC. 9. 4lternati"e causes of action or defenses.4 !art+ ma+ set forth two or more statements of a claim or defense alternati"el+ or h+!otheticall+, either in one cause of action or defense or in se!arate causes of action or defenses. :hen two or more statements are made in the alternati"e and one of them if made inde!endentl+ would be sufficient, the !leadin% is not made insufficient b+ the insufficienc+ of one or more of the alternati"e statements. SEC. ;. Conditions !recedent.&n an+ !leadin% a %eneral a"erment of the !erformance or occurrence of all conditions !recedent shall be sufficient. SEC. <. Ca!acit+./acts showin% the ca!acit+ of a !art+ to sue or be sued or

the authorit+ of a !art+ to sue or be sued in a re!resentati"e ca!acit+ or the le%al e.istence of an or%ani=ed association of !ersons that is made a !art+, must be a"erred. 4 !art+ desirin% to raise an issue as to the le%al e.istence of an+ !art+ or the ca!acit+ of an+ !art+ to sue or be sued in a re!resentati"e ca!acit+, shall do so b+ s!ecific denial, which shall include such su!!ortin% !articulars as are !eculiarl+ within the !leader>s $nowled%e. SEC. 5. /raud, mista$e, condition of the mind.&n all a"erments of fraud or mista$e, the circumstances constitutin% fraud or mista$e must be stated with !articularit+. 2alice, intent, $nowled%e or other condition of the mind of a !erson ma+ be a"erred %enerall+. SEC. ?. @ud%ment.&n !leadin% a ud%ment or decision of a domestic or forei%n court, udicial or -uasi) udicial tribunal, or of a board or officer, it is sufficient to a"er the ud%ment or decision without settin% forth matter showin% urisdiction to render it. SEC. A. 4ction or defense based on document.:hene"er an action or defense is based u!on a written instrument or document, the substance of such instrument or document shall be set forth in the !leadin%, and the ori%inal or a co!+ thereof shall be attached to the !leadin% as an e.hibit, which shall be deemed to be a !art of the !leadin%, or said co!+ ma+ with li$e effect be set forth in the !leadin%. SEC. 8. *ow to contest such documents.:hen an action or defense is founded u!on a written instrument, co!ied in or attached to the corres!ondin% !leadin% as !ro"ided in the !recedin% section, the %enuineness and due e.ecution of the instrument shall be deemed admitted unless the ad"erse !art+, under oath, s!ecificall+ denies them, and sets forth what he claims to be the factsB but the re-uirement of an oath does not a!!l+ when the ad"erse !art+ does not a!!ear to be a !art+ to the instrument or when com!liance with an order for an ins!ection of the ori%inal instrument is refused. SEC. #. Official document or act.&n !leadin% an official document or official act, it is sufficient to a"er that the document was issued or the act done in com!liance with law. SEC. 1C. S!ecific denial.4 defendant must s!ecif+ each material alle%ation of fact the truth of which he does not admit and, whene"er !racticable, shall set forth the substance of the matters u!on which he relies to su!!ort his denial. :here a defendant desires to den+ onl+ a !art of an a"erment, he shill s!ecif+ so much of it as is true and material and shall den+ onl+ the remainder. :here a defendant is without $nowled%e or information sufficient to form a belief as to the truth of a material a"erment made in the com!laint, he shall so state, and this shall ha"e the effect of a denial.

SEC. 11. 4lle%ations not s!ecificall+ denied deemed admitted.2aterial a"erment in the com!laint, other than those as to the amount of unli-uidated dama%es, shall be .deemed admitted when not s!ecificall+ denied. 4lle%ations of usur+ in a com!laint to reco"er usurious interest are deemed admitted if not denied under oath. SEC. 19. Stri$in% out of !leadin% or matter contained therein.,!on motion made b+ a !art+ before res!ondin% to a !leadin% or, if no res!onsi"e !leadin% is !ermitted b+ these Rules, u!on motion made b+ a !art+ within twent+ D9CE da+s after the ser"ice of the !leadin% u!on him, or u!on the court>s own initiati"e at an+ time, the court ma+ order an+ !leadin% to be stric$en out or that an+ sham or false, redundant, immaterial, im!ertinent, or scandalous matter be stric$en out therefrom. R,6E 15. 2OT&O'S. SECT&O' 1. 2otion defined.4 motion is an a!!lication for relief other than b+ a !leadin%. SEC. 9. 2otions must be in writin%.4ll motions shall be in writin% e.ce!t those made in o!en court or in the course of a hearin% or trial. SEC. ;. Contents.4 motion shall state the relief sou%ht to be obtained and the %rounds u!on which it is based, and if re-uired b+ these Rules or necessar+ to !ro"e facts alle%ed therein, shall be accom!anied b+ su!!ortin% affida"its and other !a!ers. SEC. <. *earin% of motion.E.ce!t for motions which the court ma+ act u!on without !re udicin% the ri%hts of the ad"erse !art+, e"er+ written motion shall be set for hearin% b+ the a!!licant. E"er+ written motion re-uired to be heard and the notice of the hearin% thereof shall be ser"ed in such a manner as to ensure its recei!t b+ the other !art+ at least three D;E da+s before the date of hearin%, unless the court for %ood cause sets the hearin% on shorter notice. SEC. 5. 'otice of hearin%.The notice of hearin% shall be addressed to all !arties concerned, and shall s!ecif+ the time and date of the hearin% which must not be later than ten D1CE da+s after the filin% of the motion. SEC. ?. 5roof of ser"ice necessar+.'o written motion set for hearin% shall be acted u!on b+ the court without !roof of ser"ice thereof. SEC. A. 2otion da+.E.ce!t for motions re-uirin% immediate action, all motions

shall be scheduled for hearin% on /rida+ afternoons, or if /rida+ is a non)wor$in% da+, in the afternoon of the ne.t wor$in% da+. SEC. 8. Omnibus motion.Sub ect to the !ro"isions of section 1 of Rule #, a motion attac$in% a !leadin%, order, ud%ment, or !roceedin% shall include all ob ections then a"ailable, and all ob ections not so included shall be deemed wai"ed. SEC. #. 2otion for lea"e.4 motion for lea"e to file a !leadin% or motion shall be accom!anied b+ the !leadin% or motion sou%ht to be admitted. DnE SEC. 1C. /orm.The Rules a!!licable to !leadin%s shall a!!l+ to written motions so far as concerns ca!tion, desi%nation, si%nature, and other matters of form. D#aE R,6E 1?. 2OT&O' TO (&S2&SS. SECT&O' 1. 8rounds.:ithin the time for but before filin% the answer to the com!laint or !leadin% assertin% a claim, a motion to dismiss ma+ be made on an+ of the followin% %rounds: DaE That the court has no urisdiction o"er the !erson of the defendin% !art+B DbE That the court has no urisdiction o"er the sub ect matter of the claimB DcE That "enue is im!ro!erl+ laidB DdE That the !laintiff has no le%al ca!acit+ to sueB DeE That there is another action !endin% between the same !arties for the same causeB DfE That the cause of action is barred b+ a !rior ud%ment or b+ the statute of limitationsB D%E That the !leadin% assertin% the claim states no cause of actionB DhE That the claim or demand set forth in the !laintiff>s !leadin% has been !aid, wai"ed, abandoned, or otherwise e.tin%uishedB DiE That the claim on which the action is founded is unenforceable under the !ro"isions of the statute of fraudsB and D E That a condition !recedent for filin% the claim has not been com!lied with.

SEC. 9. *earin% of motion.4t the hearin% of the motion, the !arties shall submit their ar%uments on the -uestions of law and their e"idence on the -uestions of fact in"ol"ed e.ce!t those not a"ailable at that time. Should the case %o to trial, the e"idence !resented durin% the hearin% shall automaticall+ be !art of the e"idence of the !art+ !resentin% the same. SEC. ;. Resolution of motion.4fter the hearin%, the court ma+ dismiss the action or claim, den+ the motion, or order the amendment of the !leadin%. The court shall not defer the resolution of the motion for the reason that the %round relied u!on is not indubitable. &n e"er+ case, the resolution shall state clearl+ and distinctl+ the reasons therefor. SEC. <. Time to !lead.&f the motion is denied, the mo"ant shall file his answer within the balance of the !eriod !rescribed b+ Rule 11 to which he was entitled at the time of ser"in% his motion, but not less than fi"e D5E da+s in an+ e"ent, com!uted from his recei!t of the notice of the denial. &f the !leadin% is ordered to be amended, he shall file his answer within the !eriod !rescribed b+ Rule 11 counted from ser"ice of the amended !leadin%, unless the court !ro"ides a lon%er !eriod. D<aE SEC. 5. Effect of dismissal.Sub ect to the ri%ht of a!!eal, an order %rantin% a motion to dismiss based on !ara%ra!hs DfE, DhE and DiE of section 1 hereof shall bar the refilin% of the same action or claim. SEC. ?. 5leadin% %rounds as affirmati"e defenses.&f no motion to dismiss has been filed, an+ of the %rounds for dismissal !ro"ided for in this Rule ma+ be !leaded as an affirmati"e defense in the answer and, in the discretion of the court, a !reliminar+ hearin% ma+ be had thereon as if a motion to dismiss had been filed. The dismissal of the com!laint under this section shall be without !re udice to the !rosecution in the same or se!arate action of a counterclaim !leaded in the answer. R,6E 1A. (&S2&SS46 O/ 4CT&O'S. SECT&O' 1. (ismissal u!on notice b+ !laintiff.4 com!laint ma+ be dismissed b+ the !laintiff b+ filin% a notice of dismissal at an+ time before ser"ice of the answer or of a motion for summar+ ud%ment. ,!on such notice bein% filed, the court shall issue an order confirmin% the dismissal. ,nless otherwise stated in the notice, the dismissal is without !re udice, e.ce!t that a notice o!erates as an

ad udication u!on the merits when filed b+ a !laintiff who has once dismissed in a com!etent court an action based on or includin% the same claim. SEC. 9. (ismissal u!on motion of !laintiff.E.ce!t as !ro"ided in the !recedin% section, a com!laint shall not be dismissed at the !laintiff>s instance sa"e u!on a!!ro"al of the court and u!on such terms and conditions as the court deems !ro!er. &f a counterclaim has been !leaded b+ a defendant !rior to the ser"ice u!on him of the !laintiff>s motion for dismissal, the dismissal shall be limited to the com!laint. The dismissal shall be without !re udice to the ri%ht of the defendant to !rosecute his counterclaim in a se!arate action unless within fifteen D15E da+s from notice of the motion he manifests his !reference to ha"e his counterclaim resol"ed in the same action. ,nless otherwise s!ecified in the order, a dismissal under this !ara%ra!h shall be without !re udice. 4 class suit shall not be dismissed or com!romised without the a!!ro"al of the court. SEC. ;. (ismissal due to fault of !laintiff.&f, for no ustifiable cause, the !laintiff fails to a!!ear on the date of the !resentation of his e"idence in chief on the com!laint, or to !rosecute his action for an unreasonable len%th of time, or to com!l+ with these Rules or an+ order of the court, the com!laint ma+ be dismissed u!on motion of the defendant or u!on the court>s own motion, without !re udice to the ri%ht of the defendant to !rosecute his counterclaim in the same or in a se!arate action. This dismissal shall ha"e the effect of an ad udication u!on the merits, unless otherwise declared b+ the court. SEC. <. (ismissal of counterclaim, cross)claim, or third)!art+ com!laint.The !ro"isions of this Rule shall a!!l+. to the dismissal of an+ counterclaim, cross) claim, or third)!art+ com!laint. 4 "oluntar+ dismissal b+ the claimant b+ notice as in section 1 of this Rule, shall be made before a res!onsi"e !leadin% or a motion for summar+ ud%ment is ser"ed or, if there is none, before the introduction of e"idence at the trial or hearin%.