Wednesday, May 23, 2012

When is a motion for reconsideration not required in filing a petition for certiorari? - G.R. No. 192737

G.R. No. 192737

"x x x.

A motion for reconsideration is a condition precedent to the filing of a petition for certiorari. However, the Court has recognized exceptions to the requirement, such as: (a) when it is necessary to prevent irreparable damages and injury to a party; (b) where the trial judge capriciously and whimsically exercised his judgment; (c) where there may be danger of a failure of justice; (d) where an appeal would be slow, inadequate, and insufficient; (e) where the issue raised is one purely of law; (f) where public interest is involved; and (g) in case of urgency.[26]  x x x."