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KILUSANG BAYAN v. DOMINGUEZ

This case has been cited 6 times or more.

	GR No. 209331 2015-08-24	DEPARTMENT OF FINANCE v. MARINO M. DELA CRUZ CARPIO, J.
Private respondents, citing Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng Bagong Pamilihang Bayan ng Muntinlupa, Inc. (KBMBPM) v. Dominguez,[140] likewise argue that exceptions to the doctrine of exhaustion of administrative remedies apply.[141] Hence:Moreover, the doctrine of exhaustion of administrative remedies also yields to other exceptions, such as when the question involved is purely legal, as in the instant case, or where the questioned act is patently illegal, arbitrary or oppressive.[142]
	GR No. 209331 2015-08-24	DEPARTMENT OF FINANCE v. MARINO M. DELA CRUZ CARPIO, J.
Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng Bagong Pamilihang Bayan ng Muntinlupa, Inc. (KBMBPM) cited by private respondents finds no application here. In KBMBPM, petitioners questioned the takeover by the Department of Agriculture of the management of petitioner KBMBPM, a service cooperative organized by and composed of vendors of the New Muntinlupa Public Market.[154] There is no personnel action involved in KBMBPM. Hence, private respondents' reliance on the case is misplaced.
	GR No. 209331 2015-04-24	DEPARTMENT OF FINANCE v. MARINO M. DELA CRUZ CARPIO, J.
Private respondents, citing Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng Bagong Pamilihang Bayan ng Muntinlupa, Inc. (KBMBPM) v. Dominguez,[140] likewise argue that exceptions to the doctrine of exhaustion of administrative remedies apply.[141] Hence:Moreover, the doctrine of exhaustion of administrative remedies also yields to other exceptions, such as when the question involved is purely legal, as in the instant case, or where the questioned act is patently illegal, arbitrary or oppressive.[142]
	GR No. 209331 2015-04-24	DEPARTMENT OF FINANCE v. MARINO M. DELA CRUZ CARPIO, J.
Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng Bagong Pamilihang Bayan ng Muntinlupa, Inc. (KBMBPM) cited by private respondents finds no application here. In KBMBPM, petitioners questioned the takeover by the Department of Agriculture of the management of petitioner KBMBPM, a service cooperative organized by and composed of vendors of the New Muntinlupa Public Market.[154] There is no personnel action involved in KBMBPM. Hence, private respondents' reliance on the case is misplaced.
	GR No. 185053 2012-02-15	EUSTAQUIO CANDARI v. ROLAND DONASCO SERENO, J.
In Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng Bagong Pamilihang Bayan ng Muntinlupa, Inc. (KBMBPM) v. Dominguez,[13] we denied the Petition on the ground that the issue had become moot and academic considering that the GA of KBMPM already elected a new set of officers, even if it was found that the right to due process of petitioners therein were clearly violated, to wit: In the instant case, there was no notice of a hearing on the alleged petition of the general membership of the KBMBPM; there was, as well, not even a semblance of a hearing. The Order was based solely on an alleged petition by the general membership of the KBMBPM. There was then a clear denial of due process. It is most unfortunate that it was done after democracy was restored through the peaceful people revolt at EDSA and the overwhelming ratification of a new Constitution thereafter, which preserves for the generations to come the gains of that historic struggle which earned for this Republic universal admiration.
	GR NO. 150091 2007-04-02	YOLANDA O. ALFONSO v. OFFICE OF PRESIDENT CARPIO MORALES, J.
In the landmark case of Ang Tibay v. Court of Industrial Relations,[32] this Court laid down the cardinal primary requirements of due process in administrative proceedings. Foremost of these requisites is the right to a hearing, including the right to present one's case and submit evidence in support thereof.[33] The essence of due process in administrative proceedings is the opportunity to explain one's side or to seek a reconsideration of the action or ruling complained of.[34]