This case has been cited 1 times or more.
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2008-12-23 |
REYES, R.T., J. |
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| Although a motion for reconsideration has often been considered a condition precedent for granting the writ of certiorari, this rule finds exception in this case where execution has been ordered and the need for relief is urgent.[53] Otherwise, a motion for reconsideration of the contested order would have served no purpose. The rule on exhaustion of remedies does not call for an exercise in futility.[54] In Gonzales, Jr. v. Intermediate Appellate Court,[55] this Court said:As a general rule, certiorari will not lie, unless an inferior court has, through a motion for reconsideration, a chance to correct the errors imputed to him. This, however, admits exceptions, namely: (1) when the issue raised is one purely of law; (2) where public interest is involved; and (3) in case of urgency.[56] (Citation omitted) | |||||