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Showing posts with the label Jurisdictions

Sim vs. NLRC | G.R. No. 157376. October 2, 2007

Case: CORAZON C. SIM, Petitioner, versus NATIONAL LABOR RELATIONS COMMISSION and EQUITABLE PCI-BANK, Respondents. [i] G.R. No. 157376 | 2007-10-02 Ponente: AUSTRIA-MARTINEZ, J.: Topics: Certiorari; Motions for Reconsideration; Questions of Law and Questions of Fact; Labor Law; Dismissals; Loss of Trust and Confidence; Managerial Employees; Jurisdictions; Doctrines:   (1) A prior motion for reconsideration is an indispensable condition to the filing of a special civil action for certiorari; There are, of course, exceptions to the foregoing rule, 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 proceedings 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 G...