Case law has conveniently demarcated the line between a final judgment or order and an interlocutory one on the basis of the disposition made.[52] A judgment or order is considered final if the order disposes of the action or proceeding completely, or terminates a particular stage of the same action; in such case, the remedy available to an aggrieved party is appeal. If the order or resolution, however, merely resolves incidental matters and leaves something more to be done to resolve the merits of the case, the order is interlocutory[53] and the aggrieved party’s remedy is a petition for certiorari under Rule 65. Jurisprudence pointedly holds that:
As distinguished from a final order which disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing else to be done but to enforce by execution what has been determined by the court, an interlocutory order does not dispose of a case completely, but leaves something more to be adjudicated upon. The term “final” judgment or order signifies a judgment or an order which disposes of the case as to all the parties, reserving no further questions or directions for future determination.
On the other hand, a court order is merely interlocutory in character if it leaves substantial proceedings yet to be had in connection with the controversy. It does not end the task of the court in adjudicating the parties’ contentions and determining their rights and liabilities as against each other. In this sense, it is basically provisional in its application.[54] (emphasis supplied)
Under these guidelines, we agree with the petitioner that the 1998 resolution is interlocutory. The Sandiganbayan’s denial of the petitioner’s 1st motion through the 1998 Resolution came at a time when the petitioner had not even concluded the presentation of its evidence. Plainly, the denial of the motion did not resolve the merits of the case, as something still had to be done to achieve this end.
We clarify, too, that an interlocutory order remains under the control of the court until the case is finally resolved on the merits. The court may therefore modify or rescind the order upon sufficient grounds shown at any time before final judgment.[55] In this light, the Sandiganbayan’s 1998 resolution – which merely denied the adoption of the Bane deposition as part of the evidence in Civil Case No. 0009 – could not have attained finality (in the manner that a decision or final order resolving the case on the merits does) despite the petitioner’s failure to move for its reconsideration or to appeal.[56]
