This case has been cited 1 times or more.
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2006-04-07 |
SANDOVAL-GUTIERREZ, J. |
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| While an order denying a motion to dismiss is interlocutory and non-appeallable, however, if the denial is without or in excess of jurisdiction, certiorari and prohibition are proper remedies from such order of denial.[5] In Time, Inc. v. Reyes,[6] this Court, speaking through Justice J.B. L. Reyes, held: The motion to dismiss was predicated on the respondent court's lack of jurisdiction to entertain the action; and the rulings of this Court are that writs of certiorari or prohibition, or both, may issue in case of a denial or deferment of an action or on the basis of a motion to dismiss for lack of jurisdiction.[7] Verily, the writ of certiorari is granted to keep an inferior court within the bounds of its jurisdiction or to prevent it from committing such a grave abuse of discretion amounting to lack or excess of jurisdiction.[8] | |||||