Corpus vs Cuaderna, Sr.
GR No. L-17860, 30 March 1962
4 SCRA 749
FACTS
While
petitioner-appellant R. Marino Corpus was a Special Assistant to the Governor
of the Central Bank, he was administratively charged which resulted in his
suspension by the Monetary Board of the Bank and the creation of a committee to
investigate him. The committee found no basis on the complaint and recommended
Corpus’ reinstatement. But the Board adopted Resolution No. 957 which
considered Corpus resigned as of the date of his suspension. Petitioner filed
with the trial court a petition for certiorari, mandamus and quo warranto, with
preliminary injunction and damages against respondents. The court a quo dismissed the petition on the
ground that petitioner did not exhaust all administrative remedies available to
him in law, such as an appeal to the Commissioner of Civil Service, under RA
2260, or the President of the Philippines who, under the Constitution and the
law, is the head of all executive departments of the government including its
agencies and instrumentalities.
ISSUE
Whether
or not the doctrine of exhaustion of administrative remedies is applicable in
this case
HELD
The
Court held in the negative. The doctrine does not apply where, by the terms or
implications of the statute authorizing an administrative remedy, such remedy
is permissive only, warranting the conclusion that the legislature intended to
allow the judicial remedy even though the administrative remedy has not been
exhausted.
Case
remanded to the lower court for further proceedings.
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