How to question denial of motion to dismiss
An order denying a motion to dismiss is interlocutory and neither terminates
nor finally disposes of a case; it is interlocutory as it leaves something to be
done by the court before the case is finally decided on the merits.The denial of a motion to dismiss generally
cannot be questioned in a special civil action for certiorari, as this remedy is designed to correct only errors of jurisdiction and not
errors of judgment.[1] Neither can a denial of a motion to dismiss be the
subject of an appeal which is
available only after a judgment or order on the merits has been
rendered.[2] Only when the denial of the motion to dismiss is tainted
with grave abuse of discretion can
the grant of the extraordinary remedy of certiorari be
justified.[13]
[1] Rimbunan Hijau Group of Companies v. Oriental Wood Processing Corporation,
507 Phil. 631, 645 (2005).
[2] See Bernardo v. CA, 388 Phil. 793 (2000); Diaz v. Diaz, 387 Phil. 314
(2000).
[3] NM Rothschild & Sons (Australia) Limited v. Lepanto Consolidated
Mining Company, G.R. No. 175799, November 28, 2011, 661 SCRA 328, 337, citing
Global Business Holdings, Inc. v. Surecomp Software, B. V., G.R. No. 173463,
October 13, 2010.