Mr. Avenger filed with the Regional Trial Court (RTC) a complaint against Ms. Bright for annulment of deed of sale and other documents. Ms. Bright filed a motion to dismiss the complaint on the ground of lack of cause of action. Mr. Avenger filed an opposition to the motion to dismiss. State and discuss the appropriate remedy/remedies under each of the following situations: (6%)
(A) If the RTC grants Ms. Bright’s motion to dismiss and dismisses the complaint on the ground of lack of cause of action, what will be the remedy/remedies of Mr. Avenger?
(B) If the RTC denies Ms. Bright’s motion to dismiss, what will be her remedy/remedies?
(C) If the RTC denies Ms. Bright’s motion to dismiss and, further proceedings, including trial on the merits, are conducted until the RTC renders a decision in favor of Mr. Avenger, what will be the remedy/remedies of Ms. Bright?
Suggested answer only. Not an official answer and not legal advice.
(A) Avenger may appeal or refile the complaint; (B) Bright must file an answer, or a Rule 65 certiorari petition if grave abuse exists; and (C) Bright may file an ordinary appeal. Under Rule 41, granting a motion to dismiss is a final order appealable via ordinary
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Quick check
What is the proper remedy of a plaintiff when the RTC grants a motion to dismiss without prejudice?
An order granting a motion to dismiss without prejudice is a final order appealable under Rule 41 or allowing refiling.
What is the general procedural duty of a defendant whose motion to dismiss is denied by the trial court?
Denying a motion to dismiss is an interlocutory order requiring the defendant to file an answer.
Under what condition may a defendant assail an interlocutory order denying a motion to dismiss via Rule 65 certiorari?
Certiorari under Rule 65 lies against an interlocutory denial issued with grave abuse of discretion.
What is the proper remedy of a defendant who loses on the merits after their motion to dismiss was denied?
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Why is an order denying a motion to dismiss non-appealable prior to final judgment?
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Learn more about these topics
1. Dismissal Grant
An order granting a motion to dismiss completely disposes of the complaint and constitutes a final order under the Rules of Court. The plaintiff's remedy depends on whether the dismissal was with or without prejudice. If the dismissal is without prejudice, such as for failure to state a cause of action, the plaintiff may refile the complaint. Alternatively, the plaintiff may file an ordinary appeal to the Court of Appeals under Rule 41 within fifteen days from notice of the order of dismissal.
2. Interlocutory Denial
An order denying a motion to dismiss is interlocutory in nature because it does not terminate the civil action and leaves something to be done by the trial court. As a general rule, an interlocutory order is not appealable. The defendant's proper procedural remedy is to file an answer within the remaining reglementary period and proceed to trial. However, if the denial was issued with grave abuse of discretion amounting to lack or excess of jurisdiction, the defendant may file a special civil action for certiorari under Rule 65.
3. Final Judgment Remedy
When a trial court denies a motion to dismiss, conducts trial on the merits, and renders a final judgment against the defendant, the interlocutory denial of the motion to dismiss merges into the final judgment. The defendant's proper judicial remedy is to file an ordinary appeal under Rule 41 with the Court of Appeals within fifteen days from notice of the judgment. In the appeal, the defendant may assign as errors both the substantive findings in the final judgment and the interlocutory denial of the motion to dismiss.