This case has been cited 1 times or more.
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2007-10-26 |
VELASCO, JR., J. |
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| There was still a pending Motion for Reconsideration (to the Order of denial of Looyuko's Motion to Dismiss) filed by Looyuko in the court a quo when he instituted the petition before the CA on January 2, 2001. It is aggravated by the fact that the Motion for Reconsideration to the denial Order was filed on the same day or simultaneously with the filing of the Petition for Certiorari; hence, the petition is in the nature of forum shopping. The issues brought before the CA are similar to the issues raised in Looyuko's Motion for Reconsideration involving similar cause of action and reliefs sought, that is, to dismiss the basic complaint of petitioner Go. This Court in a catena of cases resolved that a Motion for Reconsideration is an adequate remedy in itself, and is a condition sine qua non to the prosecution of the independent, original, and extra ordinary special civil action of certiorari.[59] We must not lose sight of the fact that a Motion for Reconsideration (subsequently denied) is a pre-requisite before a Petition for Certiorari may properly be filed.[60] | |||||