Facts:
·
May19, 1989. The truck of Victoria de Guzman was
seized by the DENR because the driver of the truck was not able to produce the
required documents for the forest products.
·
Jovitio Layugan, the Community Environment and
Natural Resources Officer (CENRO), issued an order of confiscation of the truck
and gave the owner 15 days to submit an explanation. Owner was not able to
sumbit an explanation and the order of the CENRO was enforced.
·
The issue was brought to the secretary of the
DENR. While pending, the owner filed a suit for replevin against the Layugan.
Layugan filed a motion to dismiss on the ground that the owner failed to
exhaust administrative remedies. Trial court ruled in favor of the owner. CA
sustained Trial Court’s decision
Issue: W/ON the trial court has jurisdiction?
Held. No. This Court in a long line of cases has
consistently held that before a party is allowed to seek the intervention of
the court, it is a pre-condition that he should have availed of all the means
of administrative processes afforded him. Hence, if a remedy within the
administrative machinery can still be resorted to by giving the administrative
officer concerned every opportunity to decide on a matter that comes within his
jurisdiction then such remedy should be exhausted first before courts judicial
power can be sought. The premature invocation of courts intervention is fatal
to ones cause of action.
Source and Full Text:
http://sc.judiciary.gov.ph/jurisprudence/1997/jan1997/111107.htm
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