10/12/2019
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3. 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 petition is perishable;
4. Where, under the circumstances, a motion for reconsideration would
be useless;
5. Where the petitioner was deprived of due process and there is extreme
urgency for relief;
6. Where, in a criminal case, a relief from an order of arrest is urgent and
the granting of such relief by the trial court is improbable;
7. Where the proceedings in the lower court are a nullity for lack of due
process;
8. Where the proceeding was ex parte or in which the petitioner had no
opportunity to object; and
9. Where the issue raised is one purely of law or public interest is
involved.[19]
The Court finds that exceptions exist to warrant petitioners' direct resort to a petition
for certiorari before the CA notwithstanding its lack of a motion for reconsideration filed
before the NCIP. First, the issues had been duly raised before the NCIP especially
considering that petitioner had presented similar arguments or opposition from the TRO
initially issued by the NCIP until the grant of the writ of preliminary injunction. Second,
there is urgency in the petition because petitioners seek to implement its demolition
orders with the goal of preserving the Busol Forest Reserve, Baguio's primary forest
and watershed. It cannot be gainsaid that any delay may greatly prejudice the
government as the Busol Forest Reserve may be further compromised. Third, the
preservation of the Busol Forest Reserve involves public interest as it would have a
significant impact on the water supply for the City of Baguio.
No forum shopping if different reliefs are prayed for
The CA also found petitioners' petition for certiorari dismissible for violating the rule on
forum shopping. It opined that a ruling on the said petition for certiorari would amount
to res judicata in view of the petitioners' motion to dismiss filed before the NCIP.
Forum shopping exists when a party, against whom an adverse judgment or order has
been rendered in one forum, seeks a favorable opinion in another forum, other than by
appeal or special civil action for certiorari it is the institution of two or more actions or
proceedings grounded on the same cause on the supposition that one or the other
court would make a favorable disposition.[20] The following are the elements of forum
shopping: (a) identity of parties, or at least such parties as represent the same
interests in both actions; (b) identity of rights asserted and reliefs prayed for, the relief
being founded on the same facts; and (c) identity of the two preceding particulars,
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