Tag Archives: 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

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.

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