MR not required when Rule 65 petition based on pure questions of law, lack of jurisdiction

The petitioner has explained why she forthwith availed of this remedy without first filing a motion to reconsider the assailed order of 10 February 1994. Evidently, she anticipated the invocation of the doctrines requiring the filing of such motion for reconsideration and the exhaustion of administrative remedies. We rule in her favor. The petition involves a pure question of law and the challenged order is void for want of jurisdiction on the part of respondent Joson. It has been held that the requirement of a motion for reconsideration may be dispensed with in the following instances: (1) when the issue raised is one purely of law; (2) where public interest is involved; (3) in cases of urgency; and (4) where special circumstances warrant immediate or more direct action. On the other hand, among the accepted exceptions to the rule on exhaustion of administrative remedies are: (1) where the question in dispute is purely a legal one; and (2) where the controverted act is patently illegal or was performed without jurisdiction or in excess of jurisdiction. [G.R. No. 114132. November 14, 1996]

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