The Supreme Court clarified that an order denying a motion to dismiss is an interlocutory order, meaning it doesn’t conclude the case. The proper course of action is to continue with the trial, and if necessary, appeal the decision after a final judgment has been rendered. This prevents piecemeal appeals and ensures efficient judicial proceedings. The High court emphasizes that certiorari is not the correct remedy and such actions cause undue delay.

When is a Motion to Dismiss Really a Delay Tactic?

This case revolves around a complaint for damages filed by Dr. Gary Cruz against Bonifacio Construction Management Corporation (BCMC) due to the disruption caused by the Fort Bonifacio-Kalayaan-Buendia Flyover construction near his clinic. BCMC repeatedly filed motions to dismiss, which were denied by the trial court. Instead of proceeding with the trial, BCMC filed a petition for certiorari with the Court of Appeals, arguing grave abuse of discretion by the trial judge. The Supreme Court ultimately had to determine whether this was the appropriate remedy and whether the trial court erred in denying the motions to dismiss.

The Supreme Court emphasized the nature of an interlocutory order. An interlocutory order, unlike a final judgment, does not fully resolve the case. Instead, it leaves further actions to be taken by the court to reach a final decision. Because of this, interlocutory orders are subject to change by the court at any time before the final judgment is rendered. The Supreme Court highlighted that an order denying a motion to dismiss falls squarely into this category. Such an order does not prevent the trial from continuing, and therefore, is not immediately appealable.

The Order of the trial court denying the motion to dismiss is merely interlocutory. An interlocutory order does not terminate nor finally dispose of the case, but leaves something to be done by the court before the case is finally decided on the merits. It is always under the control of the court and may be modified or rescinded upon sufficient grounds shown at any time before final judgment. This proceeds from the court’s inherent power to control its processes and orders so as to make them conformable to law and justice.

The Supreme Court referenced the case of Indiana Aerospace University vs. Commission on Higher Education, emphasizing that certiorari is an inappropriate remedy for interlocutory orders unless there is a grave abuse of discretion. A grave abuse of discretion implies a capricious, arbitrary, or whimsical exercise of judgment, equivalent to a lack of jurisdiction. The Supreme Court clarified that mere errors in judgment are not enough to warrant a certiorari petition; the abuse must be so severe as to amount to an evasion of positive duty or a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.

An order denying a motion to dismiss is interlocutory, and so the proper remedy in such a case is to appeal after a decision has been rendered. A writ of certiorari is not intended to correct every controversial interlocutory ruling: It is resorted only to correct a grave abuse of discretion or a whimsical exercise of judgment equivalent to lack of jurisdiction. Its function is limited to keeping an inferior court within its jurisdiction and to relieve persons from arbitrary acts — acts which courts or judges have no power or authority in law to perform. It is not designed to correct erroneous findings and conclusions made by the courts.

The Court found that the trial court did not commit grave abuse of discretion. The Court of Appeals correctly pointed out that BCMC’s second motion to dismiss was filed after the answer, violating procedural rules. Rule 16, Section 1 of the Rules of Civil Procedure stipulates that a motion to dismiss must be filed before the answer. Further, the Court highlighted that even if the non-joinder of an indispensable party were valid, it wouldn’t automatically result in dismissal. Instead, the court could order the party to be joined.

The Supreme Court also cited the principle that a plaintiff has the autonomy to choose their defendants, and the court should not dictate whom to sue. While the plaintiff must bear the consequences of their choices, the defendant cannot force them to include other parties. The Court reiterated the established procedure: after a motion to dismiss is denied, the defendant should file an answer, proceed to trial, and appeal the judgment if necessary.

This case underscores the importance of adhering to procedural rules and the proper remedies in challenging court orders. Filing a certiorari petition against an interlocutory order, absent a grave abuse of discretion, is a procedural misstep that can lead to delays and wasted resources. The ruling reinforces the principle that judicial efficiency is best served when parties follow the prescribed legal pathways for resolving disputes.

FAQs

What is an interlocutory order?	An interlocutory order is a court order that doesn’t fully resolve the issues in a case, leaving further actions to be completed before a final judgment can be made. These orders are subject to revision by the court until a final judgment is rendered.
What should you do if a motion to dismiss is denied?	After the denial of a motion to dismiss, the defendant should file an answer, proceed with the trial, and if necessary, appeal the final judgment. Filing a petition for certiorari is generally not the proper remedy unless the denial constitutes grave abuse of discretion.
What constitutes grave abuse of discretion?	Grave abuse of discretion implies a capricious, arbitrary, or whimsical exercise of judgment, equivalent to a lack of jurisdiction. It is more than a mere error in judgment; it signifies a blatant disregard of the law or established legal principles.
When should a motion to dismiss be filed?	According to Rule 16, Section 1 of the Rules of Civil Procedure, a motion to dismiss must be filed within the time for but before filing the answer to the complaint. Filing a motion to dismiss after filing an answer is generally not permitted.
Can a court force a plaintiff to sue a particular defendant?	No, the plaintiff generally has the autonomy to choose their defendants. The court cannot dictate whom the plaintiff should sue, although the plaintiff bears the consequences of not including indispensable parties.
What is the significance of impleading indispensable parties?	Impleading indispensable parties ensures that all parties with a direct and substantial interest in the outcome of the case are included in the proceedings. While their absence can affect the final judgment, it does not automatically warrant the dismissal of the case.
What was the main issue in the Bonifacio Construction case?	The primary issue was whether the Court of Appeals erred in dismissing Bonifacio Construction’s petition for certiorari, which challenged the trial court’s denial of their motion to dismiss the complaint filed by Gary Cruz.
What principle did the Supreme Court uphold in this case?	The Supreme Court upheld the principle that an order denying a motion to dismiss is an interlocutory order and is not subject to immediate appeal via certiorari unless there is grave abuse of discretion. The proper course is to proceed with the trial and appeal the final judgment if necessary.

In conclusion, the Supreme Court’s decision in Bonifacio Construction Management Corporation v. Hon. Estela Perlas-Bernabe and Gary Cruz reinforces fundamental principles of civil procedure, particularly regarding interlocutory orders and the appropriate remedies for challenging them. By adhering to these principles, parties can avoid unnecessary delays and ensure the efficient resolution of disputes.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: BONIFACIO CONSTRUCTION MANAGEMENT CORPORATION VS. THE HON. ESTELA PERLAS-BERNABE, G.R. No. 148174, June 30, 2005