Charisse, alleging that she was a resident of Lapu-Lapu City, filed a complaint for damages against Atlanta Bank before the RTC of Lapu-Lapu City, following the dishonor of a check she drew in favor of Shirley against her current account which she maintained in the bank’s local branch.
The bank filed a Motion to Dismiss the complaint on the ground that it failed to state a cause of action, but it was denied. It thus filed an Answer.
a. In the course of the trial, Charisse admitted that she was a US citizen residing in Los Angeles, California and that she was temporarily billeted at the Pescado Hotel in Lapu-Lapu City, drawing the bank to file another motion to dismiss, this time on the ground of improper venue, since Charisse is not a resident of Lapu-Lapu City.
Charisse opposed the motion citing the “omnibus motion rule.” Rule on the motion. (3%)
b. Suppose Charisse did not raise the “omnibus motion rule,” can the judge proceed to resolve the motion to dismiss? Explain. (3%)
c. Suppose the judge correctly denied the second motion to dismiss and rendered judgment in favor of Charisse, ordering the bank to pay her P100,000 in damages plus legal interest. The judgment became final and executory in 2008. To date, Charisse has not moved to execute the judgment. The bank is concerned that its liability will increase with the delay because of the interest on the judgment award.
As counsel of the bank, what move should you take? (3%)
Suggested answer only. Not an official answer and not legal advice.
The motion to dismiss must be denied; the judge cannot dismiss motu proprio; and the bank should consign the judgment award in court.
Under Rules 9 and 15 of the Rules of Court, improper venue is waived if omitted from a motion to dismiss or answer, and courts cannot dismiss actions motu proprio for improper venue. Under Article 1256 of the Civil Code, consignation of a judgment obligation in court stops the running of legal interest.
Here, the bank waived improper venue by failing to raise it in its answer. Even if Charisse omitted the omnibus motion rule, the judge cannot dismiss for improper venue motu proprio. To stop interest from accruing, the bank should tender payment to Charisse and consign the debt in court.
Therefore, the motion to dismiss fails, the court cannot dismiss motu proprio, and the bank must tender payment and consign the judgment award.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What is the legal effect when a defendant fails to raise improper venue in a motion to dismiss or in its answer?
Under Rule 9 of the Rules of Court, objections to improper venue are waived if not raised in a motion to dismiss or answer.
May a trial judge motu proprio dismiss a civil complaint on the ground of improper venue?
Courts cannot dismiss civil actions motu proprio on the ground of improper venue as it is a waivable defense.
What procedural remedy is available to a judgment debtor to stop the running of legal interest when the judgment creditor fails to execute a final judgment?
Consignation of the judgment award in court satisfies the judgment obligation and stops the accrual of legal interest.
Which of the following defenses is NOT waived if omitted from a motion to dismiss or answer under Rule 9?
Rule 9 expressly provides that lack of subject matter jurisdiction, litis pendentia, res judicata, and prescription are not waived.
Under the Omnibus Motion Rule, what is required of a motion attacking a pleading, order, judgment, or proceeding?
The Omnibus Motion Rule mandates that a motion must include all available objections, or they are deemed waived.
Learn more about these topics
1. Waiver of Venue
Under Rule 9 of the Rules of Court, defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived, except for lack of jurisdiction over the subject matter, litis pendentia, res judicata, and prescription. Improper venue is a personal defense that is strictly for the benefit of the defendant. If a defendant fails to raise improper venue in a motion to dismiss or in its answer, the objection is deemed waived and cannot be raised in a subsequent motion.
2. Motu Proprio Dismissal
Under Philippine remedial law, a trial court judge cannot motu proprio dismiss a civil action on the ground of improper venue. Improper venue is not one of the non-waivable grounds under Section 1, Rule 9 of the Rules of Court upon which a court may dismiss a case on its own initiative. Because venue is purely procedural and subject to waiver by the parties, a court must proceed with the case unless a timely objection is raised by the defendant in the proper motion or pleading.
3. Consignation of Judgment
Under Article 1256 of the Civil Code, consignation is the act of depositing the thing or sum due with the proper judicial authority when the creditor refuses without just cause to accept payment or cannot be located. When a judgment award becomes final and executory and the judgment creditor fails or delays in moving for execution, the judgment debtor may validly tender payment and consign the judgment amount in court. Consignation halts the running of legal interest on the judgment award.