Philippine Bar review · Question

Practice question: Omnibus Motion

Multiple Choice Hard

Practice question

A party attacks an order while holding all facts supporting an ordinary waivable objection. After losing, the party offers a more polished legal argument for that same omitted defect. No preserved-ground qualification applies. Does better drafting alone necessarily avoid omnibus waiver?
  1. Yes; every rewritten argument becomes a new factual defect.
  2. No.
  3. Yes; waiver never concerns known ordinary objections.
  4. Yes; a second caption always resets the rule.
  5. Yes; the first attack can reserve all objections by silence.

Legal references

  • 2019 Amendments to Civil Procedure, Rules 8, 11, 14 Section 23 and 15, as relevant to each stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
  • Rules of Court, Rules 6, 9 Section 1, 15 Sections 1 and 3 and 33, retained provisions read with the current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html

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