This case has been cited 2 times or more.
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2009-06-22 |
VELASCO JR., J. |
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| While the general rule proscribes the appeal of an interlocutory order, there are also recognized exceptions to that rule. Where special circumstances clearly demonstrate the inadequacy of an appeal, then the special civil action of certiorari or prohibition may exceptionally be allowed.[126] This Court recognizes that, under certain situations, recourse to extraordinary legal remedies, such as a petition for certiorari, is considered proper to question the denial of a motion to quash (or any other interlocutory order) in the interest of a "more enlightened and substantial justice;"[127] or to promote public welfare and public policy;[128] or when the cases "have attracted nationwide attention, making it essential to proceed with dispatch in the consideration thereof;"[129] or when the order was rendered with grave abuse of discretion.[130] Certiorari is an appropriate remedy to assail an interlocutory order: (1) when the tribunal issued such order without or in excess of jurisdiction or with grave abuse of discretion; and (2) when the assailed interlocutory order is patently erroneous, and the remedy of appeal would not afford adequate and expeditious relief.[131] | |||||
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2008-08-26 |
CHICO-NAZARIO, J. |
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| While the general rule proscribes the appeal of an interlocutory order, there are also recognized exceptions to the same. The general rule is not absolute. Where special circumstances clearly demonstrate the inadequacy of an appeal, then the special civil action of certiorari or prohibition may exceptionally be allowed.[41] This Court recognizes that under certain situations, recourse to extraordinary legal remedies, such as a petition for certiorari, is considered proper to question the denial of a motion to quash (or any other interlocutory order) in the interest of a "more enlightened and substantial justice";[42] or to promote public welfare and public policy;[43] or when the cases "have attracted nationwide attention, making it essential to proceed with dispatch in the consideration thereof";[44] or when the order was rendered with grave abuse of discretion.[45] Certiorari is an appropriate remedy to assail an interlocutory order (1) when the tribunal issued such order without or in excess of jurisdiction or with grave abuse of discretion; and (2) when the assailed interlocutory order is patently erroneous, and the remedy of appeal would not afford adequate and expeditious relief.[46] | |||||