LEGAL NOTE 0139:  INTERLOCUTORY ORDERS. SHOULD IT BE APPEALED WITHIN THE REGLAMENTARY PERIOD OF 15 DAYS?

WHEN IS AN ORDER INTERLOCUTORY?

 

AN ORDER IS INTERLOCUTORY ORDER IF IT DOES NOT TERMINATE OR FINALLY DISPOSE OF THE CASE BECAUSE IT LEAVES SOMETHING TO BE DONE BY THE COURT BEFORE THE CASE IS FINALLY DECIDED ON THE MERITS (PEOPLE VS. HEWALD, 105 PHIL 1297).


DOES AN INTERLOCUTORY ORDER BECOME FINAL AFTER 15 DAYS IF NO MOTION FOR RECONSIDERATION OR APPEAL IS FILED?


IN LEY CONSTRUCTION AND DEVELOPMENT CORPORATION, ET. AL. VS. UNION BANK OF THE PHILIPPINES, G.R. NO. 133801, JUNE 27, 2000, IT WAS HELD THAT “AN INTERLOCUTORY ORDER IS ALWAYS UNDER THE CONTROL OF THE COURT AND MAY BE MODIFIED OR RESCINDED UPON SUFFICIENT GROUNDS SHOWN AT ANY TIME BEFORE FINAL JUDGMENT”.  THUS, AN INTERLOCUTORY ORDER DOES NOT BECOME FINAL WITHIN 15 DAYS. 

 

IN THE 1996 CASE OF PEOPLE OF THE PHILIPPINES VS. METROPOLITAN TRIAL COURT OF QUEZON CITY, BRANCH 32, AND ISAH V. RED (G.R. NO. 123263, DECEMBER 16, 1996), THE SUPREME COURT HELD THAT “ONLY FINAL ORDERS — I.E., THOSE THAT FINALLY DISPOSE OF A CASE, LEAVING NOTHING MORE TO BE DONE BY THE COURT RESPECTING THE MERITS OF A CASE — CAN BECOME FINAL AND EXECUTORY — IN THE SENSE OF BECOMING UNALTERABLE THROUGH AN APPEAL OR REVIEW PROCEEDING.” THE COURT STRESSED THAT “INTERLOCUTORY ORDERS, ON THE OTHER HAND — I.E., THOSE WHICH RESOLVE INCIDENTAL MOTIONS OR COLLATERAL MATTERS BUT DO NOT PUT AN END TO THE CASE — NEVER BECOME FINAL IN THE SENSE OF BECOMING UNCHANGEABLE AND IMPERVIOUS TO IMPUGNATION AFTER EXPIRATION OF THE PERIOD PRESCRIBED FOR TAKING AN APPEAL FROM A FINAL JUDGMENT.”