This case has been cited 7 times or more.
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2013-03-13 |
MENDOZA, J. |
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| At any rate, even if the Court allows the premature recourse to certiorari without the petitioner having filed a motion for reconsideration in the trial court, the petition would still fail. Nothing is more settled than the principle that a special civil action for certiorari under Rule 65 will prosper only if grave abuse of discretion is alleged and proved to exist. "Grave abuse of discretion," as contemplated by the Rules of Court, is "the arbitrary or despotic exercise of power due to passion, prejudice or personal hostility; or the whimsical, arbitrary, or capricious exercise of power" that is so patent and gross that it "amounts to an evasion or refusal to perform a positive duty enjoined by law or to act at all in contemplation of law."[29] Such capricious, whimsical and arbitrary acts must be apparent on the face of the assailed order.[30] The burden of proof is on the petitioner to show that the RTC issued its June 22, 2010 Order with grave abuse of discretion. This petitioner failed to do. | |||||
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2010-08-25 |
VILLARAMA, JR., J. |
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| As a rule, the special civil action of certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, lies only when the lower court has been given the opportunity to correct the error imputed to it through a motion for reconsideration of the assailed order or resolution.[21] This rule, though, has certain exceptions: (1) when the issue raised is purely of law, (2) when public interest is involved, or (3) in cases of urgency. As a fourth exception, the Court has also ruled that the filing of a motion for reconsideration before availment of the remedy of certiorari is not a sine qua non, when the questions raised are the same as those that have already been squarely argued and exhaustively passed upon by the lower court.[22] | |||||
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2008-04-14 |
CHICO-NAZARIO, J. |
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| The settled rule is that a motion for reconsideration is a condition sine qua non for the filing of a petition for certiorari.[11] Its purpose is to grant an opportunity for the court to correct any actual or perceived error attributed to it by the re-examination of the legal and factual circumstances of the case.[12] The rationale of the rule rests upon the presumption that the court or administrative body which issued the assailed order or resolution may amend the same, if given the chance to correct its mistake or error.[13] | |||||