Facts:

• Southern Food Sales Corporation and Robert James Siao filed a petition for certiorari against Hon. Bernardo Ll. Salas and Raul G. Laurente.
• Laurente was employed as a sales supervisor from August 15, 1977, to June 29, 1979, and was terminated on July 5, 1979.
• The termination was due to allegations of gross neglect of duty and dishonesty, including:
  • Dismissal of four salesmen under his supervision.
  • Falsification of meal receipts.
  • Failure to submit proof of income tax payment for 1978.
  • Misrepresentation of his travel itinerary.
• Laurente filed a civil action for damages (Civil Case No. R-18481) against the corporation and Siao.
• He also filed a complaint with the Ministry of Labor for illegal dismissal, seeking reinstatement and back wages (ROX Arbitration Case No. 469-79).
• Petitioners filed a motion to dismiss the civil case on January 7, 1980, claiming NLRC jurisdiction.
• The court deferred the resolution of the motion until after trial, leading to a motion for reconsideration that was denied on November 6, 1980.
• Petitioners argued that Laurente's labor complaint was a prejudicial question.

Issue:

• (Unlock)

Ruling:

• The Supreme Court dismissed the petition for lack of merit.
• The Court ruled that the respondent judge did not commit grave abuse of discretion in deferring the resolution of the motion to dismiss.
• The lower court had jurisdiction over ...(Unlock)

Ratio:

• The Court noted that a court order deferring action on a motion to dismiss is generally interlocutory and cannot be challenged until a final judgment is rendered.
• Certiorari may be appropriate if the trial judge acts outside of jurisdiction.
• The trial judge's decision to defer the motion to dismiss ...continue reading