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Santos vs. Pecson

MODESTO SANTOS, petitioner, vs. POTENCIANO PECSON, Judge of First Instance of Bulacan, PABLO RAMOS and AURELIA SANCHEZ, respondents.

G.R. No. L-1122 | 1947-09-17

D E C I S I O N

TUASON, J:

This is a petition for certiorari to review an order of the Court of First Instance of Bulacan, sustaining a motion to exclude from the complaint two of various defendants on the ground that the complaint does not allege a cause of action against them. We assume that the plaintiff elects to stand on his complaint and that the court in due course will enter judgment dismissing it with reference to the two defendants ordered dropped.

Certiorari is not the appropriate remedy to set aside an order of dismissal. Such order being undeniably within the jurisdiction of the court to make, the remedy is by appeal. (Rule...