G.R. Nos. 234886-911 & 235410 - EDILBERTO M. PANCHO, VS. SANDIGANBAYAN (6TH DIVISION) AND PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the Court holds that the SB did not commit grave abuse of discretion amounting to lack or excess of jurisdiction in denying petitioner's Motion to Quash/Dismiss Informations. For failure to timely raise his right to the speedy disposition of his cases, petitioner has acquiesced to the alleged delay and, thus, has waived such right. [48] The Court similarly does not find grave abuse of discretion amounting to lack or excess of jurisdiction in the SB's failure and refusal to act on petitioner's motion to dismiss on the ground that the allegations in the informations do not constitute an offense. As correctly ruled by the SB, petitioner should have raised this ground in his Motion to Quash/Dismiss Informations. Notably, petitioner belatedly added this ground in his Supplemental Motion for Reconsideration of the denial of his Motion to Quash/Dismiss Informations. This is not sanctioned under the Rules of Court. Section 8, Rule 15 of the Rules, commonly referred to as the "Omnibus Motion Rule," explicitly states: Section 8. Omnibus Motion . Subject to the provisions of Section 1 of Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall include all objections then available, and all objections not so included shall be deemed waived. In turn, Section 1 of Rule 9 as mentioned in the above provision states that "[d]efenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived." However, this rule is subject to the following exceptions: (a) lack of jurisdiction over the subject matter; (b) litis pendentia ; (c) res judicata ; and (d) prescription. Since the ground raised by petitioner is not one of these exceptions, the SB was correct in refusing to act on the motion to dismiss based on such ground. [49] WHEREFORE , the Petition for Certiorari is DISMISSED . The Resolutions dated August 4, 2017 and October 4, 2017 of the Sandiganbayan Sixth Division in SB-17-CRM-0130-142 and SB-17-CRM-0143-0155 are AFFIRMED . SO ORDERED.