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Leni O. Choa vs Alfonso C. Choa 392 SCRA 641

LENI O. CHOA, petitioner, vs. ALFONSO C. CHOA, respondent.

G.R. No. 143376 | 2002-11-26

D E C I S I O N

PANGANIBAN, J.:

Though interlocutory in character, an order denying a demurrer to evidence may be the subject of a certiorari proceeding, provided the petitioner can show that it was issued with grave abuse of discretion; and that appeal in due course is not plain, adequate or speedy under the circumstances. Indeed, when the plaintiff's evidence is utterly and patently insufficient to prove the complaint, it would be capricious for a trial judge to deny the demurrer and to require the defendant to present evidence to controvert a nonexisting case. Verily, the denial constitutes an unwelcome imposition on the court's docket...