Philippine Bar review · Question

Practice question: Matters Not Appealable

Multiple Choice Hard

Practice question

An RTC denies a motion to dismiss, leaving trial of the main action pending. The defendant alleges only an ordinary error of judgment and assumes that nonappealability automatically guarantees certiorari. Which is correct?
  1. The order is interlocutory, but a Rule65 petition still requires its own jurisdictional grounds and absence of a plain, speedy and adequate remedy.
  2. Every interlocutory ruling must be reversed on certiorari.
  3. A notice of appeal always lies immediately.
  4. The phrase 'Rule65' automatically proves grave abuse.
  5. The interlocutory ruling itself finally adjudicates all claims.

Legal references

  • https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official current2019 Rules40–41 text.
  • https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html — International Exchange Bank v Lee, GR243163, July4 2022, main decision.

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