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GSIS vs. Velasco [DISSENTING OPINION, SERENO, CJ]

GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), PETITIONER, VS. ALBERT M. VELASCO, RESPONDENT.

G.R. No. 196564 | 2017-08-07

DISSENTING OPINION

SERENO, CJ:

Considering the records and pleadings in this case, I register my dissent from the ponencia. Contrary to the ponencia's conclusion, I find that respondent violated the doctrine of exhaustion of administrative remedies.

In sum, my objection to the majority opinion is impelled by at least two doctrinal and policy considerations:
 
1. The ponencia goes against the jurisprudential grain by unduly expanding the concept of patent illegality as an exception to the doctrine of exhaustion of administrative remedies. The notion of patent illegality now covers what is not patent, as the ponencia permits...