The Supreme Court’s decision in Chang Ik Jin v. Choi Sung Bong emphasizes adherence to procedural rules in challenging court orders. The Court ruled that a party cannot use a motion for partial reconsideration to retroactively challenge an order (denial of a motion to dismiss) that was not the subject of the original appeal. This decision clarifies the proper avenues for challenging interlocutory orders and reinforces the importance of timely filing the correct petitions. It also illustrates the limited scope of certiorari proceedings, which are generally confined to questions of grave abuse of discretion in the issuance of the specific order under review.

Navigating Legal Timelines: When Can a Motion to Dismiss Be Challenged?

This case originated from a complaint filed by Choi Sung Bong against Chang Ik Jin and the Korean Christian Businessmen Association, Inc. (KCBA), concerning the publication of the Korea Post newspaper. Choi sought an injunction and damages, alleging that the newspaper, published by the KCBA, violated constitutional provisions regarding foreign involvement in mass media and contained defamatory articles. The Regional Trial Court (RTC) initially issued a Temporary Restraining Order (TRO) and subsequently a Writ of Preliminary Injunction against the petitioners. In response, the petitioners filed a Motion to Dismiss, arguing, among other things, that Choi had waived his right to file the action, that the action had prescribed, and that venue was improper.

The Court of Appeals (CA) reversed the RTC’s decision, finding that the RTC had improperly issued the writ of preliminary injunction without first resolving the Motion to Dismiss. The CA emphasized that the RTC should have ruled on the Motion to Dismiss before granting the injunction, especially since the motion raised issues such as forum shopping and prescription that could have led to the dismissal of the complaint. Dissatisfied, the petitioners filed a Motion for Partial Reconsideration, arguing that the CA should have also addressed the issues of prescription, failure to state a cause of action, and improper venue. When the CA denied this motion, the case reached the Supreme Court.

The Supreme Court affirmed the CA’s decision, emphasizing the importance of following proper procedural rules. The Court clarified that after the denial of a Motion to Dismiss, the standard procedure is for the defendant to file an Answer, proceed to trial, and then raise the issues on appeal if the decision is adverse. However, an exception exists when the court denies the Motion to Dismiss with grave abuse of discretion, in which case a petition for certiorari under Rule 65 of the Rules of Court may be filed.

Drilon v. Court of Appeals, 336 Phil. 949, 962 (1997): The ordinary procedure, as a general rule, is that after the denial of a Motion to Dismiss, the defendant should file an Answer, go to trial and, if the decision is adverse, reiterate the issues on appeal. The exception is when the court denying the Motion to Dismiss acted without or in excess of jurisdiction or with grave abuse of discretion in which case certiorari under Rule 65 of the Rule of Court may be availed of.

The Court noted that the petitioners had failed to file a separate petition for certiorari within the 60-day reglementary period to challenge the RTC’s denial of their Motion to Dismiss. Instead, they attempted to raise these issues through a Motion for Partial Reconsideration of the CA decision, which was deemed procedurally improper. The Court underscored that the CA’s certiorari jurisdiction was limited to reviewing the propriety of the issuance of the preliminary injunction, not the merits of the Motion to Dismiss.

The Supreme Court rejected the petitioners’ argument that the RTC’s issuance of the writ of preliminary injunction effectively denied their Motion to Dismiss. The Court pointed out that at the time the writ was issued, there was no order resolving the Motion to Dismiss. In fact, the petitioners themselves had subsequently filed an Urgent Motion to Resolve their Motion to Dismiss. The RTC had also directed the parties to submit additional pleadings, indicating that the Motion to Dismiss was still under consideration.

The ruling underscores the distinct nature and effect of preliminary injunctions versus motions to dismiss. The function of preliminary injunction is well established and it states that: A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts, in which case it is known as a preliminary mandatory injunction. Moreover, it has been held that the sole object of a preliminary injunction is to preserve the status quo until the merits of the case can be heard. It is generally availed of only to prevent actual or threatened acts.

In summary, the Supreme Court’s decision in Chang Ik Jin v. Choi Sung Bong reinforces the principle that legal remedies must be pursued within the prescribed timeframes and through the correct procedural channels. The Court’s ruling emphasizes the limited nature of certiorari proceedings, which are designed to correct grave abuses of discretion, and reaffirms the importance of following the ordinary course of appeal in most cases.

FAQs

What was the key issue in this case?	The key issue was whether the Court of Appeals erred by not addressing issues of prescription, failure to state a cause of action, and improper venue raised by petitioners in their Motion to Dismiss. The Supreme Court clarified the correct procedure for challenging the denial of a Motion to Dismiss.
What did the Court decide about the Motion to Dismiss?	The Court held that the petitioners could not retroactively challenge the denial of their Motion to Dismiss through a Motion for Partial Reconsideration of the CA decision regarding the preliminary injunction. They should have filed a separate petition for certiorari within the prescribed period.
What is the proper procedure after a Motion to Dismiss is denied?	The proper procedure is to file an Answer, proceed to trial, and raise the issues on appeal if the decision is adverse. An exception exists if the denial was with grave abuse of discretion, in which case a petition for certiorari may be filed.
Why didn’t the CA address the issues of prescription and improper venue?	The CA’s certiorari jurisdiction was limited to reviewing the propriety of the issuance of the preliminary injunction, not the merits of the Motion to Dismiss. Addressing those issues would have been beyond the scope of the proceedings.
What is a Writ of Preliminary Injunction?	A Writ of Preliminary Injunction is a court order that directs a party to refrain from doing a particular act or acts until the court has made a final decision on the matter. Its purpose is to preserve the status quo and prevent irreparable injury.
Why was the RTC’s issuance of the preliminary injunction questioned?	The RTC’s issuance of the preliminary injunction was questioned because it occurred before the court had resolved the Motion to Dismiss filed by the petitioners. The Court of Appeals noted that the RTC should have first resolved that motion before granting the injunction.
What does this case teach about following procedural rules?	This case emphasizes the importance of adhering to procedural rules and timeframes when seeking legal remedies. Failure to follow these rules can result in the dismissal of a case or the denial of relief.
Can a Motion for Partial Reconsideration be used to raise new issues?	Generally, a Motion for Partial Reconsideration cannot be used to raise new issues that were not part of the original proceedings. It is meant to address errors or oversights in the existing decision, not to introduce entirely new claims.

In conclusion, Chang Ik Jin v. Choi Sung Bong serves as a reminder to legal practitioners and parties alike to be vigilant in observing procedural rules and deadlines. The case reinforces the principle that legal remedies must be pursued in a timely and proper manner, and it underscores the limited scope of certiorari proceedings. These principles are essential for maintaining order and fairness in the judicial system.

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: Chang Ik Jin v. Choi Sung Bong, G.R. No. 166358, September 08, 2010