Dagudag v.

Paderanga RULE 12
Per Curiam

Doctrine: Confiscation of forest products without legal documents is under the power and jurisdiction of
DENR which is of special competence upon the matter and cannot be subject to a replevin suit.

Facts:

 Illegal forest products were possessed by NMC Container Lines, Inc. It was seized then by DENR
for lacking the required legal documents and by being abandoned by an unknown owner.
 Later on, a certain Roger Edma filed a Writ of Replevin for the release of said products.
 Resp. judge issued the writ despite the pendency of the administrative case before DENR.

Issue: WON judge Paderanga is liable for gross ignorance of the law and for conduct unbecoming of a
judge

Held:

 Yes. He should have dismissed the replevin suit outright for 3 reasons:
o Doctrine of Exhaustion of Administrative Remedies
 Courts cannot take cognizance of cases pending before admin agencies.
 Edma did not first avail of admin remedy before the DENR
o Doctrine of Primary Jurisdiction
 Admin agencies of special competence should first handle the case (DENR)
o Forest products are already in legal custody under DENR and thus cannot be subject to
writ.
 Judge Paderanga was given the penalty of dismissal, forfeiture of all retirement benefits, and
prejudice to reinstatement/appointment to public office due also to his other pending
administrative cases.