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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-39764. May 28, 1975.]

ONG TIAO SENG, doing transportation business under the name and style as "Mercury Taxi", Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION; MALAYANG PAGKAKAISA NG MGA SAMAHAN SA TRANSPORTATION (MAPAGSAT-PAFLU), VIRGILIO LUCERO, ABELARDO TAYAG, GENELITO VICENTE, MABINI GALASAO, MIGUEL MEDALLADA, FELICIANO VILLENA, and DOMINADOR BUHION, and etc., Respondents.

SYNOPSIS


For failure of the petitioner to exhaust the available administrative remedies by appealing to the Secretary of Labor pursuant to the Rules and Regulations dated October 21, 1972, implementing Presidential Decree No. 21, as well as the Rules and Regulations of April 2, 1973, and to show grave abuse of discretion on the part of respondent Commission or lack of jurisdiction, the Supreme Court dismissed the petition, without need of further proceedings.

Petition dismissed.


SYLLABUS


1. CERTIORARI; DISMISSAL; FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES. — Where it appears that petitioner has not exhausted the available administrative remedies by appealing to the Secretary of Labor pursuant to the Rules and Regulations dated October 21, 1972, implementing Presidential Decree No. 21, as well as the Rules and Regulations of April 2, 1973, and that there is insufficient showing of grave abuse of discretion on the part of respondent Commission, much less lack of jurisdiction over the subject matter, the petition for certiorari should be dismissed, without the need of any further proceedings.


R E S O L U T I O N


BARREDO, J.:


Upon consideration of the allegations of the petition as well as those of the answers of the public and private respondents in this case, and it appearing that petitioner has not exhausted available administrative remedies by appealing to the Secretary of Labor pursuant to the Rules and Regulations dated October 21, 1972, implementing Presidential Decree No. 21, as well as the Rules and Regulations of April 2, 1973, and that there is insufficient showing of grave abuse of discretion on the part of said Commission, much less lack of jurisdiction over the subject matter, the Court resolved to DISMISS the petition, without the need of any further proceedings.

Fernando (Chairman), Antonio, Aquino and Concepcion, Jr., JJ., concur.

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