Ruiz vs.

Ucol
Gr No. L-69803, January 1987

Facts:
-Defendant - apellee Ucol filed an "appeal by certiorari"
before the court questioning the dissenting opinion of the
court of appeals.
-advocate prayed for a ruling "that the respondent court of
appeals committed a grave abuse of discretion in not
dismissing the present case but in ordering the same
remanded to the lower court for further proceeding.

Issue:
-On the nature of dissenting opinion, if it can be questioned
through an appeal by certiorari

Held:
-It cannot

Rationale:
- according the supreme court "What comprises a decision
which can be the subject of an appeal or a special civil
action is the majority opinion of the members of the court but
never the dissenting opinion."