In Republic v. Sandiganbayan (Fourth Division),[15] this Court laid down the following rules to determine whether a court’s disposition is already a final order or merely an interlocutory order and the respective remedies that may be availed in each case, thus:
Case law has conveniently demarcated the line between a final judgment or order and an interlocutory one on the basis of the disposition made. A judgment or order is considered final if the order disposes of the action or proceeding completely, or terminates a particular stage of the same action; in such case, the remedy available to an aggrieved party is appeal. If the order or resolution, however, merely resolves incidental matters and leaves something more to be done to resolve the merits of the case, the order is interlocutory and the aggrieved party’s remedy is a petition for certiorari under Rule 65. Jurisprudence pointedly holds that:
As distinguished from a final order which disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing else to be done but to enforce by execution what has been determined by the court, an interlocutory order does not dispose of a case completely, but leaves something more to be adjudicated upon. The term “final” judgment or order signifies a judgment or an order which disposes of the case as to all the parties, reserving no further questions or directions for future determination.
On the other hand, a court order is merely interlocutory in character if it leaves substantial proceedings yet to be had in connection with the controversy. It does not end the task of the court in adjudicating the parties’ contentions and determining their rights and liabilities as against each other. In this sense, it is basically provisional in its application. (citations omitted)
Here, the assailed May 18, 2009 and June 29, 2009 Resolutions issued by the CA had considered the petitioners’ appeal below as having been abandoned and, accordingly, dismissed. Thus, the assailed Resolutions are in the nature of a final order as the same completely disposed of the petitioners’ appeal with the CA. Thus, the remedy available to the petitioners is to file a petition for review on certiorari under Rule 45 with this court and not a petition for certiorari under Rule 65.
Even if we are to assume arguendo that the petitioners’ resort to the extraordinary remedy of certiorari is proper, the instant petition would still be denied. A petition forcertiorari will prosper only if grave abuse of discretion is alleged and proved to exist.[16]The abuse of discretion must be so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.[17] Here, there was no hint of whimsicality or gross and patent abuse of discretion on the part of the CA when it dismissed the appeal of the petitioners for the failure of the latter to file their appellants’ brief.
