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DR. OFELIA P. TRISTE v. LEYTE STATE COLLEGE BOARD OF TRUSTEES

This case has been cited 2 times or more.

2014-04-23
In Triste v. Leyte State College Board of Trustees[180] the Court elucidated on the nature of the salary of a public official: Mechem states that "(l)ike the requirement of an oath, the fact of the payment of a salary and/or fees may aid in determining the nature of a position, but it is not conclusive, for while a salary or fees are usually annexed to the office, it is not necessarily so. As in the case of the oath, the salary or fees are mere incidents and form no part of the office. Where a salary or fees are annexed, the office is often said to be 'coupled with an interest'; where neither is provided for it is a naked or honorary office, and is supposed to be accepted merely for the public good." (Emphasis supplied)
2008-11-26
REYES, R.T., J.
The doctrine of exhaustion of administrative remedies is not an iron-clad rule.[37] It admits of several exceptions. Jurisprudence is well-settled that the doctrine does not apply in cases (1) when the question raised is purely legal; (2) when the administrative body is in estoppel; (3) when the act complained of is patently illegal; (4) when there is urgent need for judicial intervention; (5) when the claim involved is small; (6) when irreparable damage will be suffered; (7) when there is no other plain, speedy, and adequate remedy; (8) when strong public interest is involved; (9) when the subject of the proceeding is private land; (10) in quo warranto proceedings; and (11) where the facts show that there was violation of due process.[38]