This case has been cited 2 times or more.
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2014-10-14 |
LEONEN, J. |
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| True, the general rule is that there be no other plain, speedy, and adequate remedy in the ordinary course of law when filing a petition for mandamus.[71] Moreover, the rule on exhaustion of administrative remedies requires that a party "exhaust all administrative remedies to give the administrative agency an opportunity to decide the matter and to prevent unnecessary and premature resort to the courts."[72] The Revised Uniform Rules on Administrative Cases in the Civil Service,[73] then effective when Dr. Benito was appointed, states: Section 71. Complaint or Appeal to the Commission. - Other personnel actions, such as, but not limited to, separation from the service due to unsatisfactory conduct or want of capacity during probationary period, dropping from the rolls due to Absence Without Official Leave (AWOL), physically and mentally unfit, and unsatisfactory or poor performance, action on appointments (disapproval, invalidation, recall, and revocation), reassignment, transfer, detail, secondment, demotion, or termination of services, may be brought to the Commission, by way of an appeal. | |||||
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2014-10-14 |
LEONEN, J. |
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| 11. when there are circumstances indicating the urgency of judicial intervention.[74] | |||||