Category Archives: Motion for Reconsideration

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

Posted on June 11, 2011 by Erineus

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 … Continue reading →

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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.[4] This rule, however, is not without exceptions.

Posted on May 5, 2011 by Erineus

Respondent Philex Mining seeks the dismissal of the petition on the ground that petitioner should have filed a motion for reconsideration giving the appellate court an opportunity to correct itself. Rule 65, §1 of the 1964 Rules of Court in … Continue reading →

Posted in Appeal, Certiorari, Civil Procedures, Motion for Reconsideration | Tagged | Leave a comment