Case Summary (G.R. No. 6791)
Petitioner’s Position and Initial Protest
• Petitioner applied for the Supervising Agriculturist post after retirement of incumbent but lost to Daisy Kirit
• Filed and lost a protest before the Civil Service Commission (CSC) Regional Office (May 24, 2000), with Central Office affirmance on July 25, 2001 (Resolution No. 011253)
Office Orders and Refusal to Comply
• Office Order No. 008 (Sept. 11, 2000): reassigned Agricultural and Fishery Technologists—60% of time at assigned BADC sites, Dumaguete City remained official station
• Office Order No. 005 (June 29, 2001): amended Order No. 008, designating petitioner to Barangays Balanan, Sandulot, Jumalon, Siaton beginning July 2, 2001
• Petitioner refused to obey Orders Nos. 008 and 005, alleging banishment, whimsy, lack of authority, and procedural defects
Administrative Remedies and Applicable Law
• 1987 Constitution; Administrative Code of 1987 (EO 292, Book V, Title I-A, Chapter 5, Sec. 26: transfer vs. reassignment)
• CSC Omnibus Rules Implementing Book V:
– Transfer: movement with appointment; appealable to CSC
– Reassignment: movement without appointment, no salary/status reduction, presumed valid unless arbitrary or constructive dismissal
• CSC grievance procedure (Rule XII): written complaint, administrative appeal, CSC regional office cognizance of protests and personnel actions
Procedural History in the Regional Trial Court
• Filed complaint for injunction, damages, and TRO on April 16, 2001, challenging legality of office orders and investigation into refusal
• Respondents sought extension to propose amicable settlement; case held in abeyance; respondents declared in default for failure to answer
• Petitioner filed supplemental complaint to implead Paltinca over Order No. 005; Paltinca moved to dismiss for lack of cause and non-exhaustion of remedies
• RTC dismissed entire suit (Oct. 22, 2001), holding:
– Office orders valid as non-disciplinary transfers in interest of public service;
– Complaints by disciplining authority need not be under oath;
– Petitioner failed to exhaust administrative remedies (could have appealed reassignment to CSC or sought relief from appointing authority)
Court of Appeals Decision
• Affirmed RTC (July 23, 2003), ruling:
– Office Orders Nos. 008 and 005 validly issued in public service; not personal banishment;
– Petitioner should have availed of administrative appeal under Omnibus Rules before judicial action;
– RTC’s acting on Paltinca’s motion to dismiss was proper despite no separate order admitting supplemental complaint (no prejudice, implied admission);
– Defaulting respondents could benefit from non-exhaustion defense raised by non-defaulting Paltinca (common cause of action, R. 9, Sec. 3(c), Rules of Civil Procedure)
Issues on Appeal to the Supreme Court
- Whether the doctrine of exhaustion of administrative remedies is jurisdictional and applicable to reassignment disputes
- Whether exceptions to the exhaustion rule apply (pure legal question, urgent judicial intervention, irreparable damage, patently illegal act)
- Whether RTC erred in resolving Paltinca’s motion to dismiss before admitting the supplemental complaint
- Whether defaulting respondents waived the non-exhaustion defense
Supreme Court Ruling and Reasoning
• Use of 1987 Constitution governs (decision in 2014)
• Exhaustion of administrative remedies is mandatory and jurisdicti
Case Syllabus (G.R. No. 6791)
Facts
- Petitioner Marichu G. Ejera served as Agricultural Center Chief I (equivalent to Senior Agriculturist) under the Provincial Agriculturist of Negros Oriental.
- Upon the vacancy of the Supervising Agriculturist post, Ejera applied but lost to Daisy Kirit.
- Ejera protested Kirit’s appointment before the CSC Regional Office in Cebu City; the protest was dismissed on May 24, 2000, and the CSC Central Office affirmed the dismissal on July 25, 2001.
- On September 11, 2000, Provincial Agriculturist Beau Henry L. Merto issued Office Order No. 008 (series 2000) reassigning Fishery Technologists and Agricultural Center personnel under the BADC Program to interior barangays, devoting 60% of official time to assigned sites while maintaining present stations.
- Ejera was designated team leader in Lake Balanan and Sandulot (Municipality of Siaton); she refused to comply and was ordered on March 12, 2001 to explain her refusal in writing.
- A preliminary conference was convened on April 5, 2001 by Merto and Provincial Legal Officer Erwin B. Vergara; Ejera and counsel attended but left when her objections were not recorded.
Trial Court Proceedings
- On April 16, 2001, Ejera filed in RTC Dumaguete City a complaint for injunction (TRO/preliminary), damages, and declaratory relief nullifying Office Order Nos. 008 and 005 as whimsical, abusive of discretion, and beyond respondents’ authority.
- RTC suggested reconsideration or amicable settlement; respondents sought extension pending elections; Ejera moved for default when no formal answer was filed.
- Post-election, RTC declared respondents in default but held in abeyance resolution due to possible compromise.
- Ejera filed a supplemental complaint impleading Gregorio P. Paltinca (OIC, Provincial Agriculturist) for issuing Office Order No. 005 (series 2001) reassigning her to Barangays Balanan, Sandulot, and Jumalon without posting or notification.
- Paltinca moved to dismiss for lack of cause of action, non-implicat