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Gualberto Castro vs. Hon. Sec. Ricardo Gloria in his capacity as Sec. of the DECS.

GUALBERTO CASTRO, petitioner, vs. HONORABLE SECRETARY RICARDO GLORIA IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS, respondent.

G.R. NO. 132174 | 2001-08-20

D E C I S I O N

SANDOVAL-GUTIERREZ, J.:

The principle of non-exhaustion of administrative remedy is not an iron-clad rule. There are instances when it may be pierced and judicial action may be resorted to immediately.

The present case is one illustration.

Sought to be set aside in this petition for review on certiorari are the: (a) Decision[1] dated November 20, 1997 of the Regional Trial Court, Branch 60, Barili, Cebu dismissing Gualberto Castro's petition for mandamus; and b) Order[2] dated January 5, 1998 denying his motion for reconsideration.

The factual and legal antecedents are as follows:

Porfirio Gutang, Jr. filed with the...