This case has been cited 2 times or more.
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2002-08-01 |
QUISUMBING, J. |
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| again, we have to stress here and now that as a general rule, an order denying a motion to dismiss is interlocutory and cannot be the subject of the extraordinary petition for certiorari or mandamus. Petitioners' recourse is to file an answer and to interpose as defenses the objections raised in their motion to dismiss, proceed to trial, and in case of an adverse decision, elevate the entire case by appeal in due course.[23] Of course, there are exceptions to the aforecited rule. Among them are: (a) when the trial court issued the order without or in excess of jurisdiction, (b) when there is patent grave abuse of discretion by the trial court, or (c) when appeal would not prove to be a speedy and | |||||
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2001-02-28 |
PARDO, J. |
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| The remedy of the aggrieved party is to file an answer to the complaint and to interpose as defenses the objections raised in his motion to dismiss, proceed to trial, and in case of an adverse decision, to elevate the entire case by appeal in due course. However, the rule is not ironclad. Under certain situations, recourse to certiorari or mandamus is considered appropriate, that is, (a) when the trial court issued the order without or in excess of jurisdiction; (b) where there is patent grave abuse of discretion by the trial court; or, (c) appeal would not prove to be a speedy and adequate remedy as when an appeal would not promptly relieve a defendant from the injurious effects of the patently mistaken order maintaining the plaintiff's baseless action and compelling the defendant needlessly to go through a protracted trial and clogging the court dockets by another futile case."[13] | |||||