Concededly, the settled rule is that a motion
for reconsideration is a condition sine qua non for the filing of a petition
for certiorari. (Office of the Ombudsman v. Laja, G.R.
No. 169241, May, 2 2006, 488 SCRA 574, 580).
Its purpose is to grant an opportunity for the court to correct any
actual or perceived error attributed to it by the re-examination of the legal
and factual circumstances of the case (Estate of Salvador Serra Serra v. Heirs of
Primitivo Hernaez, 466 SCRA 120, 127 (2005); National Housing Authority v. Court of Appeals, 413 Phil. 58, 64
(2001). The rule is, however, circumscribed by well-defined exceptions, such as (1) where the order is a patent nullity,
as where the court a quo has no jurisdiction; (2) 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;
(3) where there is an urgent necessity for the resolution of the question
and any further delay will prejudice the interests of the Government or of the
petitioner, or the subject matter of the action is perishable; (4) where, under
the circumstances, a motion for reconsideration will be useless; (5) where
petitioner was deprived of due process and there is extreme urgency for
relief; (6) 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;
(7) where the proceedings in the lower court are a nullity for lack of due
process; (8) where the proceedings was ex parte or in which the
petitioner had no opportunity to object; and (9) where the issue raised
is one purely of law or public interest is involved. (i) where the issue raised
is one purely of law or where public interest is involved. (BEATRIZ SIOK PING TANG vs. SUBIC BAY DISTRIBUTION, INC., G.R. No. 162575, December 15, 2010, PERALTA, J.).
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