This case has been cited 1 times or more.
|
2013-07-13 |
VELASCO JR., J. |
||||
| Neither is this issue a novel one. In Corpuz v. Citibank, N.A.,[31] this Court had already ruled that the proper remedy for an order of dismissal under the aforequoted Sec. 5, Rule 18 of the Rules of Court is to file an appeal. As in the case at bar, the plaintiffs in that case filed a petition for certiorari assailing the order of dismissal. Ruling that it is not the proper remedy, this Court said: Section 5, of Rule 18 provides that the dismissal of an action due to the plaintiff's failure to appear at the pre-trial shall be with prejudice, unless otherwise ordered by the court. In this case, the trial court deemed the plaintiffs-herein spouses as non-suited and ordered the dismissal of their Complaint. As the dismissal was a final order, the proper remedy was to file an ordinary appeal and not a petition for certiorari. The spouses' petition for certiorari was thus properly dismissed by the appellate court. | |||||