This case has been cited 4 times or more.
|
2014-03-31 |
PERALTA, J. |
||||
| (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 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 where public interest is involved.[19] | |||||
|
2013-08-07 |
DEL CASTILLO, J. |
||||
| 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. Of course, the rule is not absolute and jurisprudence has laid down exceptions when the filing of a [P]etition for [C]ertiorari is proper notwithstanding the failure to file a [M]otion for [R]econsideration,"[25] such as "(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 [M]otion for [R]econsideration 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 relied 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 where public interest is involved."[26] Here, PNB did not at all allege to which of the above-mentioned exceptions this case falls. Neither did it present any plausible justification for dispensing with the requirement of a prior Motion for Reconsideration before the NLRC. | |||||
|
2009-11-25 |
NACHURA, J. |
||||
| While MSD is correct in stating that, generally, certiorari, as a special civil action, will not lie unless a motion for reconsideration is filed before the respondent tribunal to allow it an opportunity to correct its imputed errors,[8] the rule admits of the following exceptions:(a) where the order is a patent nullity, as where the court a quo has no jurisdiction; | |||||
|
2008-01-31 |
QUISUMBING, J. |
||||
| Nevertheless, the Court of Appeals correctly dismissed the petition for certiorari on the ground that petitioner failed to file a motion for reconsideration of the questioned RTC Order. The filing of a motion for reconsideration to give the court a quo a chance to correct itself is a jurisdictional and mandatory requirement which must be strictly complied with. Although there are exceptions[8] to this general rule, the instant case presents no valid and compelling reason to deviate from the said rule. | |||||