and respondent represented the same interests alleged the same rights and

And respondent represented the same interests alleged

This preview shows page 110 - 113 out of 374 pages.

and respondent represented the same interests, alleged the same rights and prayed for the same reliefs. Consequently, the RTC erred in denying its motion to dismiss the complaint on the ground of res judicata, litis pendentia and forum shopping. Finally, respondent had no cause of action against petitioner because, as shown by the tests conducted by the EMB on May 24, 2002, based on noise sampling tests, the noise and air pollution did not emanate from Feliza Building but from passing cars. In its comment on the petition, respondent maintained that the assailed orders of the RTC and decision of the CA are in accord with law and the rulings of this Court. Respondent maintains that the only issue before the trial court was how to apply P.D. No. 984 and Section 78(b) and the Rules and Regulations of the NPCC and the provisions of the New Civil Code governing the abatement of nuisance. By filing a motion to dismiss the complaint on the ground that it stated no cause of action,
Image of page 110
the petitioner thereby hypothetically admitted the factual allegations therein. The court must hear the case to be able to finally resolve the factual issues that may be raised in the Answer of the petitioner after the denial of its motion to dismiss. Respondent avers that it was not obliged to first exhaust all administrative remedies. It pointed out that the Building Official of Makati City ignored its right to due process when he dismissed its complaint without conducting an investigation based solely on the July 2, 2002 Report of the EMB Panel. The issues between the parties are legal, that is, whether there is irreparable injury. It likewise points out that to require exhaustion of administrative remedies would be unreasonable as the rule does not provide a plain, speedy and adequate remedy. It insists that it could not have appealed the letters of the City Mayor and the Building Official of Makati because there are no rules promulgated by the City governing appeals from said letters. It points out that the City Engineer and City Mayor did not grant its letter requesting for a clarification of petitioner's letters denying its letter- complaint. The petition is denied for lack of merit. The Order of the RTC dated September 15, 2003 denying the motion to dismiss of petitioner (as defendant below) is interlocutory in nature. The general rule is that an order denying a motion to dismiss a complaint cannot be questioned via a special civil action for certiorari until a final judgment on the merits of the case is rendered. A party must exhaust all remedies available before resorting to certiorari. A writ
Image of page 111
for certiorari is not intended to correct every controversial interlocutory ruling. It is resorted only to correct a grave abuse of discretion or a whimsical exercise of judgment equivalent to lack of jurisdiction. It is a remedy narrow in scope, limited only to keeping an inferior court within its jurisdiction and to relieve persons from arbitrary acts which courts have no power or authority to perform.[29] The remedy of petitioner was to go to trial and appeal from an adverse decision.
Image of page 112
Image of page 113

You've reached the end of your free preview.

Want to read all 374 pages?

  • Fall '16
  • Atty Sanidad

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes