Admin Case Digest
Admin Case Digest
Admin Case Digest
Administrative Officer II, she filed a complaint with the Office of the
Deputy Ombudsman who ruled in her favor. In its November 29, 2005
resolution, the CSC granted the appeal, approved respondents
appointment and recalled the approval of petitioners appointment.
Aggrieved, petitioner filed a petition for certiorari in the Court of
Appeals (CA). The CA denied the petition.
Issue: WON the decision of the CSC may be reversed
Held: No. The decision of the CSC is final and executory if no petition
for reconsideration is filed within fifteen days from receipt thereof. In
this case, petitioner did not file a petition for reconsideration of the
CSC resolution before filing a petition for review in the CA. Such fatal
procedural lapse on petitioners part allowed the CSC resolution to
become final and executory. Hence, for all intents and purposes, the
CSC resolution has become immutable and can no longer be amended
or modified. A final and definitive judgment can no longer be changed,
revised, amended or reversed
28. Republic v. Carlito Lacap
G.R. No. 158253, March 2, 2007
Facts: Lacap won the bid for concreting of a certain baranggay, and
thereafter undertook the works and purchased materials and labor in
connection with the project. When the project was finally completed,
DPWH withheld payment on the ground that COA disapproved the final
release of funds due to Lacaps expired contractor license. When the
respondent filed a complaint for specific performance and damages,
petitioner filed a Motion to Dismiss the complaint on the grounds,
among others, that the RTC had no jurisdiction over the nature of the
action since respondent did not appeal to the COA the decision of the
District Auditor to disapprove the claim.
Issue: WON there is a failure to exhaust administrative remedies
Held: No. The doctrine of exhaustion of administrative remedies and
the corollary doctrine of primary jurisdiction, which are based on sound
public policy and practical considerations, are not inflexible rules.
There are many accepted exceptions, such as: (c) where there is
unreasonable delay or official inaction that will irretrievably prejudice
the complainant; and (e) where the question involved is purely legal
and will ultimately have to be decided by the courts of justice.
Notwithstanding the legal opinions of the DPWH Legal Department
rendered in 1993 and 1994 that payment to a contractor with an
expired contractors license is proper, respondent remained unpaid for
the completed work despite repeated demands. Clearly, there was