DOCTRINE OF EXHAUSTION OF ADMINSTRATIVE REMEDIES

45 Obiasca vs. Basalotte , G.R. No. 176707, February 17, 2010

Facts: Basallote was appointed as Administrative Officer II of Tabaco National High School and
assumed office. She was then informed that her appointment could not be forwarded to CSC because
of her failure to submit a position description form signed by School Principal Gonzales. She tried to
obtain the signature but Gonzales would refuse. She was advised to return to her former teaching
position and she complied. Obioasca was then appointed to the same position, which was attested by
CSC. Basallote then filed a complaint with the CSC Regional Office V, which dismissed it. Upon
appeal to CSC, her appointment was approved and the approval of Obiasca’s appointment was
recalled. Obiasca filed a petition with the CA , claiming that he was not allowed to participate in the
proceedings in the CSC. CA, denied it. SC ultimately held that since Obiasca did not file a petition for
reconsideration of the CSC resolution before filing a petition for review in the CA, it allowed the CSC
decision to become final and executory.
Issue: Whether this Court can take cognizance of this petition despite petitioner's failure to exhaust
administrative remedies.
Ruling: The doctrine of exhaustion of administrative remedies requires that, for reasons of law, comity
and convenience, where the enabling statute indicates a procedure for administrative review and
provides a system of administrative appeal or reconsideration, the courts will not entertain a case
unless the available administrative remedies have been resorted to and the appropriate authorities
have been given an opportunity to act and correct the errors committed in the administrative forum. In
Orosa v. Roa, the Court ruled that if an appeal or remedy obtains or is available within the
administrative machinery, this should be resorted to before resort can be made to the courts. While
the doctrine of exhaustion of administrative remedies is subject to certain exceptions, these are not
present in this case.