Exception to the rule that a motion for reconsideration is needed before a petition for certiorari under Rule 65

In general, a motion for reconsideration is needed before a petition for certiorari under Rule 65 can be resorted to.  However, the following have been recognized as exceptions[54] to the rule:

“(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 proceeding 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 proceedings [were] 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.”

http://sc.judiciary.gov.ph/jurisprudence/2004/nov2004/155126.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Certiorari, Exceptions, Motion for Reconsideration, Rule 65 and tagged . Bookmark the permalink.

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