Case Digest (G.R. No. 139302)
Facts:
Eduardo P. Corsiga v. Hon. Quirico G. Defensor and Romeo P. Ortizo, G.R. No. 139302, October 28, 2002, Second Division, Quisumbing, J., writing for the Court.Petitioner Eduardo P. Corsiga, then Regional Irrigation Manager, NIA Region VI, issued Regional Office Memorandum No. 52 in June 1995 reassigning private respondent Romeo P. Ortizo, a permanent Senior Engineer B at the NIA Jalaur-Suague River Irrigation System, to assist the Irrigation Superintendent of the Aganan‑Sta. Barbara River Irrigation System effective August 1, 1995. Ortizo sought exemption from the reassignment, invoking Memorandum Circular No. 47, Series of 1987; Corsiga denied the request.
On July 31, 1995 Ortizo filed in the Regional Trial Court (RTC), Iloilo City, Branch 36, a complaint for prohibition and injunction with prayer for temporary restraining order and/or writ of preliminary injunction seeking to restrain implementation of ROM No. 52. Corsiga moved to dismiss for lack of jurisdiction and for non‑exhaustion of administrative remedies; the RTC denied the motion on January 8, 1996 and denied the motion for reconsideration on January 13, 1997.
Petitioner brought a petition for certiorari to the Court of Appeals (CA) challenging the RTC orders; on June 30, 1999, the CA in CA‑G.R. SP No. 44123 dismissed the petition, holding that the RTC had jurisdiction because ROM No. 52 was patently illegal and violated Ortizo’s constitutional right to security of...(Pro-only)
Issues:
- Did the Regional Trial Court have jurisdiction over Civil Case No. 22462?
- Does private respondent have a cause of action despite his failure to exhaust administrative r...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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