Old rule on deferment of hearing on motion due to dubitability of grounds alleged

NOTE THAT THIS RULING WAS UNDER THE OLD RULES. The extraordinary remedy of certiorari can be availed of only if the denial of the motion constitutes grave abuse of discretion. In the case at bar, the lower court did not abuse its discretion in deferring action on the motion. Section 3 Rule 16 sanctions deferment of hearing on the motion until the trial if the ground alleged does not appear to be indubitable. Clearly respondent judge had doubts on the allegation of petitioners good faith. This is a question of fact which necessitates presentation of evidence and is certainly far from indubitable. It is within the discretion of the court to defer action if the ground alleged does not appear to be indubitable and that deferment is only deemed a provisional denial of the motion to dismiss. [G.R. No. 109656. November 21, 1996]