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Mondragon Leisure and Resorts Corp vs UCPB

MONDRAGON LEISURE AND RESORTS CORPORATION, Petitioner, versus UNITED COCONUT PLANTERS BANK,

G.R. No. 154187 | 2004-04-14

D E C I S I O N

PANGANIBAN, J.:

An order denying a motion to dismiss is interlocutory. To remedy the denial, a party has to file an answer and interpose as a defense the objections raised in the motion, and then to proceed to trial. A petition for certiorari is appropriate only when an order has been issued without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. In the instant case, no such ground has been established by petitioner.

The Case

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, seeking to set aside the February 18, 2002 Decision[2] and the...