This case has been cited 1 times or more.
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2006-02-28 |
AUSTRIA-MARTINEZ, J. |
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| The Court notes that, indeed, petitioners chose the wrong remedy to assail the Order of July 13, 2005. It is hornbook principle that Rule 45 of the 1997 Rules of Civil Procedure governs appeals from judgments or final orders.[4] The Order dated July 13, 2005 is basically a denial of herein petitioners' prayer in their Answer for the dismissal of respondents' case against them. As a consequence of the trial court's refusal to dismiss the case, it then directed the transfer of the case to another branch of the Regional Trial Court that had been designated as a special court to hear cases formerly cognizable by the SEC. Verily, the order was merely interlocutory as it does not dispose of the case completely, but leaves something more to be done on its merits. Such being the case, the assailed Order cannot ordinarily be reviewed through a petition under Rule 45. As we held in Tolentino v. Natanauan, [5] to wit:In the case of Bangko Silangan Development Bank vs. Court of Appeals, the Court reiterated the well-settled rule that: | |||||