Wednesday, July 11, 2012

Appeal - Certiorari


In the present case, the Order of the RTC dismissing the complaint against respondent is a final order because it terminates the proceedings against respondent but it falls within exception (g) of the Rule since the case involves two defendants, Intermodal and herein respondent and the complaint against Intermodal is still pending. Thus, the remedy of a special civil action for certiorari availed of by petitioner before the CA was proper and the CA erred in dismissing the petition (D.M. Ferrer & Associates Corporation Vs. University of Santo Tomas, G.R. No. 189496. February 1, 2012).

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