A MOTION FOR RECONSIDERATION OF A CHALLENGED ORDER IS A PREREQUISITE TO THE FILING OF A SPECIAL CIVIL ACTION FOR CERTIORARI. ONE OF THE EXCEPTIONS TO SUCH REQUIREMENT IS WHERE THE MATTER INVOLVED IS URGENT.

The general rule is of course that a motion for reconsideration of the challenged order is a prerequisite to the filing of a special civil action of certiorari in a higher court to annul such order. This gives the lower court a chance to correct the errors imputed to it.

But one of the exceptions to such requirement is where the matter involved is urgent.

In Rosario Florendo vs. Paramount Insurance Corporation, the Supreme Court sustained the act of the Court of Appeals in correctly dispensing with the above-mentioned requirement since the RTC had already issued a writ of execution and so its enforcement was imminent.

Moreover, the High Court observed that the issue of the validity of the execution pending appeal was a pure question of law conformably to its ruling in Geologistics, Inc. v. Gateway Electronic Corp., G.R. Nos. 174256-57, March 25, 2009.  Necessarily therefore, a motion for reconsideration is not anymore a condition sine qua non for the filing of a Petition for Certiorari. (ROSARIO FLORENDO vs. PARAMOUNT INSURANCE CORPoration, G.R. No. 167976, January 20, 2010, ABAD, J.).