How to question denial of motion to dismiss

An order denying a motion to dismiss is interlocutory and neither terminates nor finally disposes of a case; it is interlocutory as it leaves something to be done by the court before the case is finally decided on the merits.The denial of a motion to dismiss generally cannot be questioned in a special civil action for certiorari, as this remedy is designed to correct only errors of jurisdiction and not errors of judgment.[1] Neither can a denial of a motion to dismiss be the subject of an appeal which is available only after a judgment or order on the merits has been rendered.[2] Only when the denial of the motion to dismiss is tainted with grave abuse of discretion can the grant of the extraordinary remedy of certiorari be justified.[13]

[1] Rimbunan Hijau Group of Companies v. Oriental Wood Processing Corporation, 507 Phil. 631, 645 (2005).

[2] See Bernardo v. CA, 388 Phil. 793 (2000); Diaz v. Diaz, 387 Phil. 314 (2000).

[3] NM Rothschild & Sons (Australia) Limited v. Lepanto Consolidated Mining Company, G.R. No. 175799, November 28, 2011, 661 SCRA 328, 337, citing Global Business Holdings, Inc. v. Surecomp Software, B. V., G.R. No. 173463, October 13, 2010.

Popular Posts