G.R. No. L-21975 June 13, 1968
MANUEL C. RAMOS, plaintiff-appellee, vs. ARDANT TRADING CORPORATION, defendant-appellant.

FACTS

On November 28, 1962, plaintiff Manuel C. Ramos filed a complaint (Civil Case No. 3890) in the Court of First Instance of Davao against defendant Ardant Trading Corporation. The complaint sought to recover a monthly salary from June 29, 1962, damages, and attorney’s fees, alleging that Ramos was summarily and arbitrarily dismissed from his job as a truck driver without justifiable reason or prior notice. The defendant moved to dismiss the complaint, arguing that the claim was based on Republic Act No. 1052, which required the aggrieved party to first bring the matter before the Department of Labor for investigation and mediation before the court could acquire jurisdiction. The defendant noted that although the plaintiff had brought the matter before Regional Office 4 of the Department of Labor in Manila, it had not yet been heard. The Court of First Instance of Davao denied the motion to dismiss and a subsequent motion for reconsideration. The defendant then appealed from these orders.

ISSUE

Whether the appeal interposed by the defendant from the interlocutory orders denying its motion to dismiss is proper and can be entertained.

RULING

No. The appeal is premature and cannot be entertained. The orders denying the motion to dismiss and the motion for reconsideration are interlocutory in nature and, therefore, not appealable until after a final judgment on the merits is rendered. This ruling is based on Rule 41, Section 2 of the Rules of Court, which states that only final judgments or orders are subject to appeal and that no interlocutory or incidental judgment or order shall stay the progress of an action or be the subject of an appeal until a final judgment or order is rendered. The Supreme Court dismissed the appeal, with treble costs against the defendant-appellant and its counsel.