Tuesday, August 19, 2014

A MOTION FOR RECONSIDERATION IS A CONDITION SINE QUA NON FOR THE FILING OF A PETITION FOR CERTIORARI.

     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.).

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.