Saturday, July 30, 2011

Motion to dismiss - G.R. No. 175091

G.R. No. 175091


"The rule is that an order denying a motion to dismiss is merely interlocutory and, therefore, not appealable,[20] “even on pure questions of law.[21] Neither can it be subject of a petition for review on certiorari. Such order may only be reviewed in the ordinary course of law by an appeal from the judgment after trial. The rule is founded on considerations of orderly procedure, to forestall useless appeals and avoid undue inconvenience to the appealing party by having to assail orders as they are promulgated by the court, when all such orders may be contested in a single appeal.[22]"