Filing of Motion for Reconsideration in Certiorari

We find that respondents’ non-filing of a motion for reconsideration is justifiable under the circumstances of this case. It is not disputed that the trial court, rightly or wrongly, considered them to have voluntarily submitted to its jurisdiction by virtue of their motion for inhibition. Thus, respondents’ apprehension that the motion for reconsideration might be construed as further manifesting their voluntary appearance is certainly well-grounded. They may not, therefore, be faulted for having resorted immediately to a special civil action for certiorari. (PCIB v. Pi, G.R. No. 171137, June 5, 2009).

The general rule is that before filing a petition for certiorari under Rule 65, the petitioner is mandated to comply with a condition precedent: the filing of a motion for reconsideration of the assailed order, which motion is denied. The rule, however, is subject to the following recognized exceptions:

(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 proceeding was ex parte or in which the petitioner had no opportunity to object; and (i) where the issue raised is one purely of law or public interest is involved. ( Presidential Ad Hoc Fact Finding Committee on Behest Loans v. Desierto, G.R. No. 135703, April 15, 2009)