This case has been cited 2 times or more.
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2009-10-09 |
LEONARDO-DE CASTRO, J. |
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| On a procedural matter, the Court notes that petitioner filed the instant petition for certiorari under Rule 65 without filing a motion for reconsideration with the CA. It is settled that the writ of certiorari lies only when petitioner has no other plain, speedy, and adequate remedy in the ordinary course of law. Thus, a motion for reconsideration, as a general rule, must be filed before the tribunal, board, or officer against whom the writ of certiorari is sought. Ordinarily, certiorari as a special civil action will not lie unless a motion for reconsideration is first filed before the respondent tribunal, to allow it an opportunity to correct its assigned errors.[22] This rule, however, is not without exceptions. In National Housing v. Court of Appeals,[23] we held: However, in Progressive Development Corporation v. Court of Appeals, we held that while generally a motion for reconsideration must first be filed before resorting to certiorari in order to give the lower court an opportunity to rectify its errors, this rule admits of exceptions and is not intended to be applied without considering the circumstances of the case. The filing of a motion for reconsideration is not a condition sine qua non when the issue raised is purely one of law, or where the error is patent or the disputed order is void, or the questions raised on certiorari are the same as those already squarely presented to and passed upon by the lower court.[24] (emphasis supplied) | |||||
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2006-05-05 |
TINGA, J. |
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| It bears emphasis that the special civil action for certiorari is a limited form of review and is a remedy of last recourse. The Court has often reminded members of the bench and bar that this extraordinary action lies only where there is no appeal nor plain, speedy and adequate remedy in the ordinary course of law. It cannot be allowed when a party to a case fails to appeal a judgment despite the availability of that remedy, certiorari not being a substitute for a lapsed or lost appeal.[3] Where an appeal is available, certiorari will not prosper, even if the ground therefor is grave abuse of discretion.[4] Also, generally, a motion for reconsideration must first be filed with the lower court prior to resorting to the extraordinary writ of certiorari since a motion for reconsideration is still considered an adequate remedy in the ordinary course of law. The rationale for the filing of a motion for reconsideration is to give an opportunity to the lower court to correct its imputed errors. Generally, only when a motion for reconsideration has been filed and subsequently denied can petitioner avail of the remedy of the writ of certiorari.[5] | |||||