This case has been cited 8 times or more.
|
2015-06-16 |
CARPIO, J. |
||||
| Moreover, read as a Rule 65 petition, Rosquita’s and Villanueva’s failure, without any valid explanation, to file a motion for reconsideration from the CA’s ruling warrants the outright dismissal of their petition. The prior filing of a motion for reconsideration is an indispensable condition before a certiorari petition can be used.[65] This failure is an added lapse that contributes to my resolve to recognize the petition’s deficiencies to the fullest. | |||||
|
2012-02-15 |
VILLARAMA, JR., J. |
||||
| The well-established rule is that a motion for reconsideration is an indispensable condition before an aggrieved party can resort to the special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended.[21] A motion for reconsideration of the order, resolution or decision of the NLRC should be seasonably filed as a precondition for pursuing any further or subsequent recourse; otherwise, the order, resolution or decision would become final and executory after ten calendar days from receipt thereof.[22] The rationale for the rule is that the law intends to afford the NLRC an opportunity to rectify such errors or mistakes it may have committed before resort to courts of justice can be had.[23] | |||||
|
2011-06-06 |
VILLARAMA, JR., J. |
||||
| Petitioner insists on a liberal interpretation of the rules but we find no cogent reason in this case to deviate from the general rule. Verily, rules of procedure exist for a noble purpose, and to disregard such rules in the guise of liberal construction would be to defeat such purpose. Procedural rules are not to be disdained as mere technicalities. They may not be ignored to suit the convenience of a party. Adjective law ensures the effective enforcement of substantive rights through the orderly and speedy administration of justice. Rules are not intended to hamper litigants or complicate litigation. But they help provide for a vital system of justice where suitors may be heard following judicial procedure and in the correct forum. Public order and our system of justice are well served by a conscientious observance by the parties of the procedural rules.[27] | |||||
|
2010-07-08 |
BRION, J. |
||||
| Furthermore, the Court of Appeals and the Supreme Court have original concurrent jurisdiction over petitions for certiorari; the rule on hierarchy of courts determines the venue of recourses to these courts. In original petitions for certiorari, the Supreme Court will not directly entertain this special civil action - as in the present case - unless the redress desired cannot be obtained elsewhere based on exceptional and compelling circumstances justifying immediate resort to this Court.[32] | |||||
|
2009-12-21 |
CARPIO MORALES, J. |
||||
| Time and again, we held that rules of procedure exist for a noble purpose, and to disregard such rules, in the guise of liberal construction, would be to defeat such purpose. Procedural rules are not to be disdained as mere technicalities. They may not be ignored to suit the convenience of a party. Adjective law ensures the effective enforcement of substantive rights through the orderly and speedy administration of justice. Rules are not intended to hamper litigants or complicate litigation; they help provide a vital system of justice where suitors may be heard following judicial procedure and in the correct forum. Public order and our system of justice are well served by a conscientious observance by the parties of the procedural rules.[10] (emphasis supplied) | |||||
|
2009-03-13 |
NACHURA, J. |
||||
| Time and again, we held that rules of procedure exist for a noble purpose, and to disregard such rules, in the guise of liberal construction, would be to defeat such purpose. Procedural rules are not to be disdained as mere technicalities. They may not be ignored to suit the convenience of a party. Adjective law ensures the effective enforcement of substantive rights through the orderly and speedy administration of justice. Rules are not intended to hamper litigants or complicate litigation; they help provide a vital system of justice where suitors may be heard following judicial procedure and in the correct forum. Public order and our system of justice are well served by a conscientious observance by the parties of the procedural rules.[28] We see no cogent reason why we should exempt petitioner's case from this doctrine. | |||||
|
2008-07-23 |
NACHURA, J. |
||||
| Once again, we stress that the rules of procedure exist for a noble purpose, and to disregard such rules in the guise of liberal construction would be to defeat such purpose. Procedural rules are not to be disdained as mere technicalities. They may not be ignored to suit the convenience of a party. Adjective law ensures the effective enforcement of substantive rights through the orderly and speedy administration of justice. Rules are not intended to hamper litigants or complicate litigation. To the contrary, they help provide for the orderliness vital to our system of justice. Indeed, public order and our system of justice are well served by a conscientious observance by the parties of the procedural rules. [37] | |||||
|
2008-03-03 |
NACHURA, J. |
||||
| SECTION 1. Petition for certiorari. When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require. A motion for reconsideration of an assailed decision is deemed a plain and adequate remedy expressly available under the law. The well-established rule is that a motion for reconsideration is an indispensable condition before an aggrieved party can resort to the special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended. The purpose of such rule is to afford the erring court or agency an opportunity to rectify the error/s it may have committed without the intervention of a higher court. The requisite motion is not only an expeditious remedy of an aggrieved party but it also obviates an improvident and unnecessary recourse to appellate proceedings.[26] Failure to file a motion for reconsideration with the NLRC before availing oneself of the special civil action for certiorari is a fatal infirmity. However, this rule is subject to certain recognized exceptions, 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 petition 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 proceeding was ex parte or in which the petitioner had no opportunity to object; and, | |||||