Defendant's 3 REMEDIES if motion to dismiss gets denied

Pursuant to Rule 16, a defendant may move for the dismissal of an action against him if any of the grounds under Section 1 exists. The court may grant the motion and dismiss the action. The court may deny the motion and allow it due course. Finally, depending on the circumstances of the case, the court may also order amendment of the pleadings. If his motion to dismiss is denied by the court, the defendant has three (3) options:

[1] File his ANSWER (within the balance of the 15-day period to which he was entitled at the time of serving the motion, but not less than 5 days in any event, computed from his receipt of the order of denial – Rule 16, Sec. 4) and proceed with the hearing before the trial court.
[2] Wait for the decision and, if adverse, APPEAL therefrom. The denial of the motion to dismiss being interlocutory, cannot be questioned by certiorari; it cannot be the subject of appeal until judgment is rendered (Casil vs. CA, January 28, 1998).
[3] If the court denying the motion has acted without or in excess of jurisdiction or with grave abuse of discretion, the defendant may question the denial by petition for CERTIORARI under Rule 65. (Drilon vs. CA, March 20, 1997).

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