Alzate, etc v. Aldana, etc., et al. (1960) Barrera, J.

mandamus proceeding, fearing that the amount

Plaintiff: Anacleto Alzate given for the payment of the salary adjustment of
Respondent: Benigno Aldana and Zacarias de Vera public school teacher and officials, if not disbursed
Concept: Exhaustion of Administrative Remedies before the expiration of the fiscal on June 30,
1958, would be reverted to the general funds of
Brief facts: Alzate wrote to the Director of Public the Government.
Schools, asking for an increase in his salary pursuant to 6. After due hearing on the petition for a writ of
RA 842, which the latter denied. He filed a motion for preliminary preventive and mandatory injunction,
reconsideration. Without awaiting for the directors the CFI made the following observation: Director of
final resolution, he filed a petition for mandamus in the Public Schools shall recommend to the proper
CFI. Director of Public Schools filed a Motion to Dismiss, officials not later than June 30, 1958, to pay
claiming that Alzate filed to exhaust his administrative Alzate the amount of P840.
remedies. Court a quo granted the Motion to Dismiss, 7. Director of Public Schools and the Division
but the SC reversed. Superintendent of Schools for La Union filed a
motion to dismiss on the grounds that petition
Doctrine: If he waited for the final decision on his stated no cause of action against respondents, that
petition for reconsideration which did not come before Alzate has not exhausted all administrative
June 30, 1958, whatever action taken by respondent, remedies, and that the lower court did not acquire
even if favorable to him, would be of no avail after the jurisdiction over the case.
reversion of the funds appropriate for the salary 8. The court a quo gave credence to the argument of
adjustment. To require him to exhaust all the respondents, since the Director of Public Schools
administrative remedies would amount to a was still considering his request when he filed his
nullification of his claim. petition, and dismissed his petition without
prejudice to his right to file an appropriate action.

FACTS: ISSUE: WON Alzates petition stated no cause of action

1. Anacleto Alzate is the Principal of the South in view of the non-exhaustion of administrative
Provincial High School in Agoo, La Union. He wrote remedies (NO)
to the Director of Public Schools, claiming that
taking into account his 24 years of service in the RATIO:
Bureau of Public Schools in various capacities, the Alzate was justified in filing his petition despite
last one as secondary principal, he was entitled to his failure to exhaust the administrative
an automatic salary increase under paragraphs (a) remedies.
and (b) of RA 842 . - The reason for filing without awaiting the final
o Under par (a): increase of 4 rates (1 rate action of the Director of Public Schools was the
for every 5 years of service). urgency of preventing the automatic reversion of
o Under par (b): additional increase of 1 rate the sum appropriated for the adjustment of the
for passing the examination of salary of public school teachers.
Superintendent of Private School given by - Alzate contends that if he waited for the final
the Civil Service Commission. decision on his petition for reconsideration which
2. The Director of Public Schools denied his request did not come before June 30, 1958, whatever
on the following grounds: action taken by respondent, even if favorable to
o In the adjustment of salary of secondary him, would be of no avail after the reversion of the
principals, only the actual number of years funds appropriate for the salary adjustment. To
of service as such secondary principal require him to exhaust all the administrative
would be considered. Alzate only served as remedies would amount to a nullification of his
such for 9 years, 8 months, and 15 days, claim.
hence, he is only entitled to one rate of - Court agress with petitioner. The fact that the
salary increase. parties had to agree and the court had to approve
o The examination he passed was for the the agreement that the Director of Public Schools
Bureau of Private Schools, hence, he isnt shall recommend to the proper officials not later
entitled to the benefit of par (b) of the than June 30, 1958 and before closing hours, is a
Public School Salary Act. recognition of the validity and urgency of the
3. Alzate requested for a reconsideration, citing an action taken by petitioner.
opinion of the Secretary of Justice who held that in - Petitioner had sufficient cause of action at the time
the adjustment of salaries under RA 842, the of the filing of his petition, and a resort to the court
length of service in the educational branch of the without awaiting for the final decision of the
government and not merely the position occupied administrative officers is not premature.
at the time of the adjustment should be
considered. DISPOSITIVE: Case remanded to the court of origin.
4. The letter of reconsideration was received on May
30, 1958. Cipriano v. Marcelino (1972) Castro, J.
5. On June 11, 1958, Alzate not having received any Plaintiff: Leticia Cipriano
ruling on his request for reconsideration filed a
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Respondent: Gregorio Marcelino and the Honorable o She still has outstanding accountability for
Rafael dela Cruz missing triplicate copies of 3 official
Concept: Exhaustion of Administrative Remedies receipts which were in her custody.
8. Cipriano avers that she has complied with the
Brief Facts: following requirements. The investigation
conducted by Marcelino led to the finding that
Doctrine: other persons were accountable for the triplicate
copies. Finally, she need not present a certificate of
FACTS: clearance from GSIS because she is not a member
1. Leticia Cipriano served as record clerk in the office thereof.
of the Municipal Treasurer, Gregorio Marcelino from
January 1, 1963 to January 15, 1966 with a monthly ISSUE: WON Ciprianos petition should be dismissed
salary of P80. for failing to exhaust all administrative remedies (NO)
2. She resigned in January 15, 1966. However,
Marcelino refused to pay her salary corresponding RATIO:
to the period from September 1, 1965 to the date Cipriano need not exhaust all the administrative
of her resignation, amounting to P349 as well as remedies.
her accumulated vacation and sick leaves worth - The principle of exhaustion of administrative
P600. remedies is not without exception, nor is it a
3. Cipriano filed an action for Mandamus to compel condition precedent to administrative relief. The
Marcelino to pay her a total of P949 and also asked principle may be disregarded when it doesnt
for moral and exemplary damages, attorneys fees, provide a plain, speedy, and adequate remedy. It
and costs of suit. may and should be relaxed when its application
4. Marcelino moved to dismiss this upon the ground may cause a great and irreparable damage.
that she had not exhausted all administrative - To require Cipriano to go all the way to the
remedies before filing the action. President on appeal in the matter of collection of
5. Court a quo granted the motion and dismissed the P949 would not only be oppressive but patently
case. Ciprianos motion for reconsideration was unreasonable.
denied. - By the time her appeal shall have been decided,
6. Cipriano contends that: the amount of much more than P949 would have
o There is no law that requires an appeal to been spent.
the Provincial Treasurer, Secretary of - In De Leon v Libay, the court made this statement
Finance, Auditor General, and then to the which is appropriate in the case at bar:
President of the Philippines from the "The theory that a party must first exhaust his
refusal by a municipal treasurer to pay the remedies in the administrative branch before
salary of a municipal employee. seeking the aid of the strong arm of equity
o Assuming that an appeal all the way to the must give way to the reality that a government
President is required, such isnt a plain, employee must depend for the support of
speedy and adequate remedy. himself and his family upon his salary, and
o Doctrine of exhaustion of administrative were he to be deprived of that even alone for a
remedies isnt applicable when the few months, possibly even lees, that must
questions involve pure questions of law mean starvation because more often than not,
o The payment of her claim is purely a a government employee lives hand-to-mouth
ministerial duty and mandamus is the existence and he awaits with eager hands the
proper remedy arrival of the forthnightly envelope because
o To require a small government employee upon it must hinge the supply of rice and fish
to appeal all the way to the President on and clothing of his spouse and children and
such an inconsequential amount would be himself and with it only can be maintained, and
oppressive and expensive therefore were the dogmatic rule of exhaustion
7. Marcelino insists on the other hand: of administrative remedies be made to mean
o Mandamus states no cause of action for that he should wait for the most final
failure to exhaust administrative remedies administrative decision in his case, the only
o Cipriano hasnt acquired any right to be logical result must be vital disaster to his
paid her salary and accumulated sick and dependents and to himself, so that this is the
vacation leave pay for failure to comply reason why the rule of exhaustion of
with the requirements prescribed by the administrative remedies has always been
1966 Manual on Pre-audit of Government understood to mean that the same have
Disbursements furnished a plain, speedy and adequate
Letter of Resignation duly accepted remedy."
Certificate of Clearance from - All the documents required to support payment of
Money and Property Accountability Ciprianos salary and cash commutation of her
Certificate of Clearance from the unused vacation and sick leaves have been
GSIS accomplished.

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- She has earned the right to said payment, and it is DISPOSITIVE: Petition granted.
the duty of Marcelino to recognize such right and
effect the payment.

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