Leonardo Montes v.
The Civil Service Board of Appeals (Digest)
Leonardo Montes vs. The Civil Service Board of Appeals, et.al.
G.R. No. L-10759 20 May 1957
TOPIC: Principle of Exhaustion of Admin Remedies
FACTS: In Administratice Case No. R-8182 instituted against Montes for negligence in the performance of duty as a
watchman of the Floating Equipment Section, Ports and Harbours Division of Bureau of Public Works, the
Commissioner of Civil Service exonerated him on the basis of findings made by a committee. On appeal, the Civil
Service Board of Appeals modified the decision, finding petitioner guilty of contributory negligence in not pumping
the water from the bilge which sunk the dredge under his watch, and ordered that he be considered resigned effective
his last day of duty with pay, without prejudice to reinstatement at the discretion of the appointing officer.
Petitioner files an action before the Court of First Instance of Manila to review the decision. On a Motion to Dismiss,
the said court dismissed the action on the ground that petitioner had not exhausted all his administrative remedies
before he instituted the action as provided in Section 2 of Commonwealth Act 598. Montes argued that there is no
duty imposed upon him to appeal to the President. Hence, this petition.
ISSUE: Whether or not Montes erred in filing the action immediately before the Court of First Instance of Manila
instead of filing an appeal before the President of the Philippines?
HELD: The doctrine of exhaustion of administrative remedies requires where an administrative remedy is provided
by statute, as in this case, relief must be sought by exhausting this remedy before the courts will act. The doctrine is
a device based on considerations of comity and convenience. If a remedy is still available within the administrative
machinery, this should be resorted to before resort can be made to the courts, not only to give the administrative
agency opportunity to decide the matter by itself correctly, but also to prevent unnecessary and premature resort to the
courts.
Section 2 of Commonwealth Act 598 provides that:
The Civil Service Board of Appeals shall have the power and authority to hear and decide all administrative cases
brought before it on appeal, and its decisions in such cases shall be final, unless revised or modified by the President
of the Philippines.
The above-mentioned provision is a clear expression of the policy or principle of exhaustion of administrative
remedies. If the President, under whom the Civil Service directly falls in our administrative system as head of the
executive department, may be able to grant the remedy that petitioner pursues, reasons of comity and orderly procedure
demand that resort be made to him before recourse can be had to the courts.
Montes vs. Civil Service Board of Appeals
101 Phil. 490
FACTS: Petitioner-appellant was on and before January, 1953, a watchman of the Floating Equipment
Section, Ports and Harbors Division, Bureau of Public Works. In Administrative Case No. R-8182 instituted
against him for negligence in the performance of duty (Dredge No. 6 under him had sunk because of water
in the bilge, which he did not pump out while under his care), the Commissioner of Civil Service exonerated
him, on the basis of findings made by a committee. But the Civil Service Board of Appeals modified the
decision, finding petitioner guilty of contributory negligence in not pumping the water from the bilge, and
ordered that he be considered resigned effective his last day of duty with pay, without prejudice to
reinstatement at the discretion of the appointing officer. Petitioner filed an action in the Court of First
Instance of Manila to review the decision, but the said court dismissed the action on a motion to dismiss,
on the ground that petitioner had not exhausted all his administrative remedies before he instituted the
action.
ISSUE: Whether or not there that the case at bar requires a need to exhaust administrative remedies before
seeking for affirmative relief in court?
HELD: The doctrine of exhaustion, of administrative remedies requires where an administrative remedy is
provided by statute, as in this case, relief must be sought by exhausting this remedy before the courts will
act. (42 Am. Jur. 580-581.) the doctrine is a device based on considerations of comity and convenience. If
a remedy is still available within the administrative machinery, this should be resorted to before resort can
be made to the courts, not only to give the administrative agency opportunity to decide the matter by itself
correctly, but also to prevent unnecessary and premature resort to the courts.
