This case has been cited 5 times or more.
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2014-03-31 |
BERSAMIN, J. |
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| Finally, we also conclude that the CA rightly sustained the RTC's dismissal of Pascual's petition for certiorari because of the impropriety of her chosen remedy. A special civil action for certiorari is the proper action to bring when a tribunal, board or officer exercising judicial or quasi-judicial function has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law.[32] The exercise of judicial function consists in the power to determine what the law is and what the legal rights of the parties are, and then to adjudicate upon the rights of the parties.[33] The term quasi-judicial function applies to the action and discretion of public administrative officers or bodies that are required to investigate facts or to ascertain the existence of facts, hold hearings, and draw conclusions from them as a basis for their official action and to exercise discretion of a judicial nature.[34] However, the issuance by Daquioag of the assailed memorandum implementing the writ of execution did not derive from the performance of a judicial or quasi-judicial function. He was not thereby called upon to adjudicate the rights of the contending parties or to exercise any discretion of a judicial nature, but only performing an administrative duty of enforcing and implementing the writ. | |||||
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2013-04-11 |
SERENO, C.J. |
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| [I]f resort to a remedy within the administrative machinery can still be made by giving the administrative officer concerned every opportunity to decide on a matter that comes within his or her jurisdiction, then such remedy should be exhausted first before the court's judicial power can be sought. The premature invocation of the intervention of the court is fatal to one's cause of action. The doctrine of exhaustion of administrative remedies is based on practical and legal reasons. The availment of administrative remedy entails lesser expenses and provides for a speedier disposition of controversies. Furthermore, the courts of justice, for reasons of comity and convenience, will shy away from a dispute until the system of administrative redress has been completed and complied with, so as to give the administrative agency concerned every opportunity to correct its error and dispose of the case.[63] x x x. | |||||
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2012-06-13 |
PERALTA, J. |
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| On March 6, 2012, the Comelec issued Resolution No. 9373[8] resolving to seriously consider exercising the OTP subject to certain conditions. On March 21, 2012, the Comelec issued Resolution No. 9376[9] resolving to exercise the OTP the PCOS and CCS hardware and software in accordance with the AES contract between the Comelec and Smartmatic-TIM in connection with the May 10, 2010 elections subject to the following conditions: (1) the warranties agreed upon in the AES contract shall be in full force and effect; (2) the original price for the hardware and software covered by the OTP as specified in the AES contract shall be maintained, excluding the cost of the 920 units of PCOS and related peripherals previously purchased for use in the 2010 special elections; and (3) all other services related to the 2013 AES shall be subject to public bidding. On March 29, 2012, the Comelec issued Resolution No. 9377[10] resolving to accept Smartmatic-TIM's offer to extend the period to exercise the OTP until March 31, 2012 and to authorize Chairman Brillantes to sign for and on behalf of the Comelec the Agreement on the Extension of the OTP Under the AES Contract[11] (Extension Agreement, for brevity). The aforesaid Extension Agreement was signed on March 30, 2012.[12] On even date, the Comelec issued Resolution No. 9378[13] resolving to approve the Deed of Sale between the Comelec and Smartmatic-TIM to purchase the latter's PCOS machines (hardware and software) to be used in the upcoming May 2013 elections and to authorize Chairman Brillantes to sign the Deed of Sale for and on behalf of the Comelec. The Deed of Sale[14] was forthwith executed. | |||||
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2012-02-07 |
SERENO, J. |
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| Neither is a petition for prohibition appropriate in this case. A petition for prohibition is filed against any tribunal, corporation, board, or person whether exercising judicial, quasi-judicial, or ministerial functions who has acted without or in excess of jurisdiction or with grave abuse of discretion, and the petitioner prays that judgment be rendered, commanding the respondent to desist from further proceeding in the action or matter specified in the petition.[11] However, prohibition only lies against judicial or ministerial functions, but not against legislative or quasi-legislative functions.[12] | |||||
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2010-09-22 |
PERALTA, J. |
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| Under the doctrine of exhaustion of administrative remedies, before a party is allowed to seek the intervention of the court, he or she should have availed himself or herself of all the means of administrative processes afforded him or her.[15] Hence, if resort to a remedy within the administrative machinery can still be made by giving the administrative officer concerned every opportunity to decide on a matter that comes within his or her jurisdiction, then such remedy should be exhausted first before the court's judicial power can be sought.[16] The premature invocation of the intervention of the court is fatal to one's cause of action.[17] The doctrine of exhaustion of administrative remedies is based on practical and legal reasons.[18] The availment of administrative remedy entails lesser expenses and provides for a speedier disposition of controversies. Furthermore, the courts of justice, for reasons of comity and convenience, will shy away from a dispute until the system of administrative redress has been completed and complied with, so as to give the administrative agency concerned every opportunity to correct its error and dispose of the case.[19] While the doctrine of exhaustion of administrative remedies is subject to several exceptions,[20] the Court finds that the instant case does not fall under any of them. | |||||