Exceptions to the rule
April 22, 2010Exceptions to the rule that the filing of Motion for Reconsideration is a condition sine qua non to the filing of a Petition for Certiorari under Rule 65
There are several exceptions where a petition for certiorari will lie without the prior filing of a motion for reconsideration, to wit:
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 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 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 where public interest is involved.[1]
or ung sa alabang??.. 
