Case Digest: Leandro Montes vs. The Civil Service Board of Appeals and The Secretary of Public Works and Communications

G.R. No. L-10759  ::             20 May 1957

Labrador, J.

FACTS:

Montes, a watchman of the Ports and Harbors Division, Bureau of Public Works, was exonerated by the Commissioner of Civil Service in an administrative case instituted against him for negligence in the performance of duty.  He failed to pump out water from the bilge of Dredge no. 6 while under his carem which eventually led to the sinking of the same. He was ordered to resign without prejudice to reinstatement at the discretion of the appointing officer.

ISSUE:

Whether or not, without exhausting all administrative remedies, the CFI of Manila can take jurisdiction of the case.

HELD:

NO.  Section 2 of Commonwealth Act No. 598 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.