2010 Remedial Law, Q5

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%)

Quick check

What is the legal effect when a defendant fails to raise improper venue in a motion to dismiss or in its answer?

May a trial judge motu proprio dismiss a civil complaint on the ground of improper venue?

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?

Which of the following defenses is NOT waived if omitted from a motion to dismiss or answer under Rule 9?

Under the Omnibus Motion Rule, what is required of a motion attacking a pleading, order, judgment, or proceeding?

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.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026