Tuesday, December 8, 2015

Interlocutory order; when Rule 65 certiorari allowed, not allowed to review interlocutory order.

SANGGUNIANG PANLUNGSOD NG BAGUIO CITY vs. JADEWELL PARKING SYSTEMS CORPORATION, G.R. No. 160025, April 23, 2014; with companion cases: GR 163052; G.R. No. 164107; G.R. No. 165564; G.R. No. 172215; G.R. No. 172216; G.R. No. 173043; G.R. No. 174879; G.R. No. 181488. 

“x x x.

In this Petition for certiorari, prohibition, and mandamus under Rule 65 of the Rules of Civil Procedure, Jadewell assails the Orders of RTC-Branch 3 (Baguio City) denying its motion to dismiss and motion for reconsideration in Civil Case No. 6089-R.

We deny the petition of Jadewell in this case.

In Manuel Camacho v. Atty. Jovito Coresis, Jr.,168 we described the nature of special civil action for certiorari under Rule 65, as follows:

A special civil action for certiorari under Rule 65 of the Rules of Court is an extraordinary remedy for the correction of errors of jurisdiction. To invoke the Court’s power of judicial review under this Rule, it must first be shown that respondent tribunal, board or officer exercising judicial or quasi- judicial functions has indeed acted without or in excess of its or his jurisdiction, and that there is no appeal, or any plain, speedy and adequate remedy in the ordinary course of law. Conversely, absent a showing of lack or excess of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction, the acts of the respondents may not be subjected to our review under Rule 65.

In Indiana Aerospace University v. Commission on Higher Education,169 this Court ruled thus:

An order denying a motion to dismiss is interlocutory, and so the proper remedy in such a case is to appeal after a decision has been rendered. A writ of certiorari is not intended to correct every controversial interlocutory ruling; it is resorted to only to correct a grave abuse of discretion or a whimsical exercise of judgment equivalent to lack of jurisdiction. Its function is limited to keeping an inferior court within its jurisdiction and to relieve persons from arbitrary acts -- acts which courts or judges have no power or authority in law to perform. It is not designed to correct erroneous findings and conclusions made by the court.

In East Asia Traders, Inc. v. Republic of the Philippines, et al.,170 we decreed:

The petition for certiorari and prohibition filed by petitioner with the Court of Appeals is not the proper remedy to assail the denial by the RTC of the motion to dismiss. The Order of the RTC denying the motion to dismiss is merely interlocutory. An interlocutory order does not terminate nor finally dispose of the case, but leaves something to be done by the court before the case is finally decided on the merits. It is always under the control of the court and may be modified or rescinded upon sufficient grounds shown at any time before final judgment. This proceeds from the court’s inherent power to control its process and orders so as to make them conformable to law and justice. The only limitation is that the judge cannot act with grave abuse of discretion, or that no injustice results thereby.

East Asia Trader also reiterated our ruling in Indiana Aerospace. Further, in Bonifacio Construction Management Corporation v. Hon. Perlas Bernabe,171 we reiterated our rulings in East Asia Traders and Indiana Aerospace. We had ruled in these earlier cases that an order of the trial court denying a motion to dismiss is an interlocutory order, and to use a writ of certiorari to assail it is improper.

The procedural policy in the cited cases was again referred to in Bernas v. Sovereign Ventures, Inc.,172 highlighting the following:

Let it be stressed at this point the basic rule that when a motion to dismiss is denied by the trial court, the remedy is not to file a petition for certiorari, but to appeal after a decision has been rendered. (Emphasis supplied)

X x x.”