Back

Juan M. Casil vs. CA, et al.

JUAN M. CASIL, petitioner, vs. COURT OF APPEALS; HON. URBANO VICTORIO, SR., BRANCH 50, REGIONAL TRIAL COURT, MANILA; and ANITA U. LORENZANA, respondents.

G.R. No. 121534 | 1998-01-28

D E C I S I O N

PANGANIBAN, J:

When may a complaint be dismissed on the ground of litis pendentia? When is an interlocutory order assailable by certiorari under Rule 65?

The Case

These are the main questions raised in this petition for review on certiorari seeking to set aside the Decision 1 of Respondent Court of Appeals 2 in CA-G.R. SP No. 37626 promulgated on August 21, 1995. The dispositive portion of the assailed Decision reads: 3

"WHEREFORE, in view of the foregoing, the instant Petition for Certiorari, Prohibition, Mandamus, with a prayer for a Temporary Restraining Order/Writ of Preliminary Injunction is hereby DENIED for lack...