ii. Matters Not Appealable

Interlocutory order

An interlocutory order does not finally dispose of the case and does not end the Court's task of adjudicating the parties' contentions and determining their rights and liabilities as regards each other, but obviously indicates that other things remain to be done by the Court, is "interlocutory", e.g., an order denying a motion to dismiss under Rule 16 of the Rules. Unlike a final judgment or order, which is appealable, an interlocutory order may not be questioned on appeal except only as part of an appeal that may eventually be taken from the final judgment rendered in the case. (Philippine Business Bank vs. Chua, G.R. No. 178899, 2010)

Remedy for Court’s action on motion for summary judgment

Any action of the court on a motion for summary judgment shall not be subject of an appeal or petition for certiorari, prohibition or mandamus. Proper remedy is to appeal the decision itself.

NATURE OF THE RIGHT TO APPEAL

MATTERS NOT APPEALABLE; AVAILABLE REMEDIES

Remedy against judgments and orders which are not appealable

In those instances where the judgment or final order is not appealable, the aggrieved party may file the appropriate special civil action under Rule 65. (Rule 41, Sec. 1)

Subject of Appeal

The right to appeal is not part of due process but a mere statutory privilege that has to be exercised only in the manner and in accordance with law.

An appeal may be taken only from judgments or final orders that completely dispose of the case. An interlocutory order is NOT appealable until after judgment on the merits has been rendered.

In those instances where the judgment or final order is not appealable because it is interlocutory, the aggrieved party may file the appropriate special civil action under Rule 65.

Provides That NO Appeal May be Taken From:

• An order denying a petition for relief or any similar motion seeking relief from judgment.
• An interlocutory order.
• An order disallowing or dismissing an appeal.
• An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent.
• An order of execution.
• A judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims, and third party complaints, while the main case is ending, unless the court allows an appeal therefrom; and
• An order dismissing an action without prejudice.

An order dismissing an action without prejudice.