Remedial Law, 2010 Bar — Question V-B

ESSAY

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. Suppose Charisse did not raise the "omnibus motion rule," can the judge proceed to resolve the motion to dismiss? Explain. (3%)

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