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?
- The order is interlocutory, but a Rule65 petition still requires its own jurisdictional grounds and absence of a plain, speedy and adequate remedy.
- Every interlocutory ruling must be reversed on certiorari.
- A notice of appeal always lies immediately.
- The phrase 'Rule65' automatically proves grave abuse.
- 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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