Philippine Bar review · Question

Practice question: Omnibus Motion

Multiple Choice Medium

Practice question

A party first files a proper motion only requesting additional time to answer, without attacking a pleading, order, judgment or proceeding. The opponent invokes Section 9 alone to deem every unmentioned objection waived. Which is sound?
  1. Every procedural request necessarily attacks every ruling.
  2. The text has no predicate requirement.
  3. An extension request automatically admits the complaint’s merits.
  4. Section 9 is the only waiver rule in civil procedure.
  5. Section 9’s attacking-motion predicate must first be established; other applicable defense-waiver rules remain separate.

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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