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    Montes Vs Civil Service Board of Appeals

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    mamp05
    1) Leonardo Montes was found guilty of contributory negligence by the Civil Service Board of Appeals for failing to pump water from the dredge he was watching, which subsequently sank. He was ordered resigned without prejudice to reinstatement. 2) Montes filed a case in court instead of appealing to the President. The court dismissed the case, saying he had not exhausted all administrative remedies. 3) The doctrine of exhaustion of administrative remedies requires relief be sought by exhausting remedies provided by statute before appealing to courts. Commonwealth Act 598 allows appeals of Civil Service Board decisions to the President, so Montes should have appealed there first.

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    Montes Vs Civil Service Board of Appeals

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    mamp05
    306 views1 page
    1) Leonardo Montes was found guilty of contributory negligence by the Civil Service Board of Appeals for failing to pump water from the dredge he was watching, which subsequently sank. He was ordered resigned without prejudice to reinstatement. 2) Montes filed a case in court instead of appealing to the President. The court dismissed the case, saying he had not exhausted all administrative remedies. 3) The doctrine of exhaustion of administrative remedies requires relief be sought by exhausting remedies provided by statute before appealing to courts. Commonwealth Act 598 allows appeals of Civil Service Board decisions to the President, so Montes should have appealed there first.

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    Montes vs Civil Service Board of Appeals

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    1) Leonardo Montes was found guilty of contributory negligence by the Civil Service Board of Appeals for failing to pump water from the dredge he was watching, which subsequently sank. He was ordered resigned without prejudice to reinstatement. 2) Montes filed a case in court instead of appealing to the President. The court dismissed the case, saying he had not exhausted all administrative remedies. 3) The doctrine of exhaustion of administrative remedies requires relief be sought by exhausting remedies provided by statute before appealing to courts. Commonwealth Act 598 allows appeals of Civil Service Board decisions to the President, so Montes should have appealed there first.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    306 views1 page

    Montes Vs Civil Service Board of Appeals

    Uploaded by

    mamp05
    1) Leonardo Montes was found guilty of contributory negligence by the Civil Service Board of Appeals for failing to pump water from the dredge he was watching, which subsequently sank. He was ordered resigned without prejudice to reinstatement. 2) Montes filed a case in court instead of appealing to the President. The court dismissed the case, saying he had not exhausted all administrative remedies. 3) The doctrine of exhaustion of administrative remedies requires relief be sought by exhausting remedies provided by statute before appealing to courts. Commonwealth Act 598 allows appeals of Civil Service Board decisions to the President, so Montes should have appealed there first.

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    Leonardo Montes vs. The Civil Service Board of Appeals, et.al. G.R. No.

    L-1020, May 1957 TOPIC: Principle of Exhaustion of Admin Remedies FACTS: In Administratice Case No. R-8182 instituted against Montes for negligence in the performance of duty as a watchman of the Floating Equipment Section, Ports and Harbours Division of Bureau of Public Works, the Commissioner of Civil Service exonerated him on the basis of findings made by a committee. On appeal, the Civil Service Board of Appeals modified the decision, finding petitioner guilty of contributory negligence in not pumping the water from the bilge which sunk the dredge under his watch, and ordered that he be considered resigned effective his last day of duty with pay, without prejudice to reinstatement at the discretion of the appointing officer. Petitioner files an action before the Court of First Instance of Manila to review the decision. On a Motion to Dismiss, the said court dismissed the action on the ground that petitioner had not exhausted all his administrative remedies before he instituted the action as provided in Section 2 of Commonwealth Act 598. Montes argued that there is no duty imposed upon him to appeal to the President. Hence, this petition. ISSUE: Whether or not Montes erred in filing the action immediately before the Court of First Instance of Manila instead of filing an appeal before the President of the Philippines? HELD: The doctrine of exhaustion of administrative remedies requires where an administrative remedy is provided by statute, as in this case, relief must be sought by exhausting this remedy before the courts will act. The doctrine is a device based on considerations of comity and convenience. If a remedy is still available within the administrative machinery, this should be resorted to before resort can be made to the courts, not only to give the administrative agency opportunity to decide the matter by itself correctly, but also to prevent unnecessary and premature resort to the courts. Section 2 of Commonwealth Act 598 provides that: The Civil Service Board of Appeals shall have the power and authority to hear and decide all administrative cases brought before it on appeal, and its decisions in such cases shall be final, unless revised or modified by the President of the Philippines. The above-mentioned provision is a clear expression of the policy or principle of exhaustion of administrative remedies. If the President, under whom the Civil Service directly falls in our administrative system as head of the executive department, may be able to grant the remedy that petitioner pursues, reasons of comity and orderly procedure demand that resort be made to him before recourse can be had to the courts.

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