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JESSE U.
LUCAS vs. JESUS S. LUCAS
G.R. No. 90710,
June 6, 2011
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“X x x.
Primarily, we
emphasize that the assailed Orders of the trial court were orders denying
respondent’s motion to dismiss the petition for illegitimate filiation. An
order denying a motion to dismiss is an interlocutory order
which neither terminates nor finally disposes of a case, as it leaves something
to be done by the court before the case is finally decided on the merits. As
such, the general rule is that the denial of a motion to dismiss cannot be
questioned in a special civil action for certiorari,
which is a remedy designed to correct errors of jurisdiction and not errors of judgment.
Neither can a denial of a motion to dismiss be the
subject of an appeal unless and until a final judgment or order is rendered. In
a number of cases, the court has granted the extraordinary remedy of certiorari on the denial of the motion
to dismiss but only when it has been tainted with grave
abuse of discretion
amounting to lack or excess of jurisdiction.[1] In the
present case, we discern no grave abuse of discretion on the part of the trial
court in denying the motion to dismiss.
X x x.”
