Wednesday, October 2, 2013

AS A RULE, THE DENIAL OF A MOTION TO QUASH IS AN INTERLOCUTORY ORDER AND IS NOT APPEALABLE;

     an appeal from an interlocutory order is not allowed under Section 1(b), Rule 41 of the Rules of Court. Neither can it be a proper subject of a petition for certiorari which can be used only in the absence of an appeal or any other adequate, plain and speedy remedy. (Santos vs. People, G.R. No. 173176, August 26, 2008) The plain and speedy remedy upon denial of an interlocutory order is to proceed to trial. Thus, a direct resort to a special civil action for certiorari is an exception rather than the general rule, and is a recourse that must be firmly grounded on compelling reasons. (Galzote vs. Briones G.R. No. 164682 September 14, 2011 Brion, J.)

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