This case has been cited 2 times or more.
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2012-04-18 |
REYES, J. |
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| To begin with, the petitioners do not have the discretion or prerogative to determine the propriety of complying with procedural rules. This Court had repeatedly emphasized in various cases involving the tedious attempts of litigants to relieve themselves of the consequences of their neglect to follow a simple procedural requirement for perfecting a petition for certiorari that he who seeks a writ of certiorari must apply for it only in the manner and strictly in accordance with the provisions of the law and the Rules. The petitioners may not arrogate to themselves the determination of whether a motion for reconsideration is necessary or not. To dispense with the requirement of filing a motion for reconsideration, the petitioners must show a concrete, compelling, and valid reason for doing so.[26] | |||||
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2012-02-15 |
VILLARAMA, JR., J. |
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| (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, (i) where the issue raised is one purely of law or public interest is involved.[24] | |||||