This case has been cited 2 times or more.
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2015-07-08 |
PERALTA, J. |
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| The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of Section 3, Rule 46.[15] Aside from the remedy of appeal discussed above, our jurisprudence is replete with cases holding that the plain and adequate remedy referred to in the foregoing rule is a motion for reconsideration of the assailed order or resolution, the filing of which is an indispensable condition to the filing of a special civil action for certiorari.[16] It is true that there are exceptions to the above rule, to wit: (a) where the order is a patent nullity, as where the court a quo has no jurisdiction; (b) where the questions raised in the certiorari proceedings have been duly raised and passed upon by the lower court, or are the same as those raised and passed upon in the lower court; (c) where there is an urgent necessity for the resolution of the question and any further delay would prejudice the interests of the Government or of the petitioner or the subject matter of the action is perishable; (d) where, under the circumstances, a motion for reconsideration would be useless; (e) where petitioner was deprived of due process and there is extreme urgency for relief; (f) where, in a criminal case, relief from an order of arrest is urgent and the granting of such relief by the trial court is improbable; (g) where the proceedings in the lower court are a nullity for lack of due process; (h) where the proceedings was ex parte or in which the petitioner had no opportunity to object; and (i) where the issue raised is one purely of law or public interest is involved.[17] However, an examination of the petition for certiorari filed with the CA would reveal that petitioner failed to demonstrate that the case falls under any of the above exceptions. Neither was he able to show any other sufficient justification for dispensing with the requirement of filing a motion for reconsideration. | |||||
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2009-01-12 |
QUISUMBING, J. |
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| First. It is settled that the filing of a motion for reconsideration is a prerequisite to the filing of a special civil action for certiorari to give the lower court the opportunity to correct itself.[17] This rule, however, admits of exceptions, such as when a motion for reconsideration would be useless under the circumstances.[18] | |||||