Apiado, Elyn D.
MONTOYA vs PNP
G.R. No. 180146; December 18, 2008
CHICO-NAZARIO, J.:
STATEMENT OF FACTS
Montoya, a member of the Philippine National Police (PNP), was assigned to the Central
Police District (CPD) in Quezon City, when the National Police Commission (NAPOLCOM)
issued Special Order No. 1044 dropping him from the rolls for failure to attend the Law
Enforcement and Enhancement Course (LEEC) at the Special Training Unit, National Capital
Region Police Office (NCRPO), Camp Bagong Diwa, Taguig City. Montoya had been absent
without official leave (AWOL) for a period of 67 days.
Four months after he was dropped from the rolls, Montoya filed a Motion for
Reconsideration thereof addressed to the PNP Regional Director for the National Capital Region
(NCR), explaining that on 22 January 1998, he went to the Baler Police Station/Police Station 2 to
have his Sick Leave Form approved by the station commander. Allegedly due to the fact that his
name had already been forwarded to the NCRPO for the LEEC, his Sick Leave Form was not
approved. Montoya averred that his failure to attend the LEEC was beyond his control, since he
was suffering from arthritis with on and off symptoms of severe body pain. Montoya attached to
his Motion a certification simply dated 1998, issued by a certain Dr. Jesus G. de Guzman, and
authenticated by Police Chief Inspector (P/CINSP.) Ethel Y. Tesoro, Chief, Medical Service,
CPD. The Special Order 990 was cancelled. Summary Dismissal Proceedings against Montoya
were conducted by Hearing Officer Police Superintendent, and based on his findings, the NCR
Regional Director rendered a Decision dismissing Montoya from the police service for Serious
Neglect of Duty (due to AWOL), effective immediately. He filed a motion.
Montoya’s Petition/Motion was denied for lack of jurisdiction, since a disciplinary action
involving demotion or dismissal from service imposed by a PNP regional director may only be
appealed to the Regional Appellate Board (RAB). Montoya next filed before the RAB of the
National Capital Region (RAB-NCR), alleging lack of due process considering that he was not
even notified of any hearing by the Summary Hearing Officer and was thus deprived of the
opportunity to present evidence in his defense.
The Summary Hearing Officer in the Summary Dismissal Proceedings against him
recommended his dismissal from police service based on his failure to report for the LEEC,
without even looking into his side of the controversy. On December 11, 2002, the RAB-NCR
rendered its Decision granting Montoya’s appeal and ordering his reinstatement. The NCR
Regional Director assailed the RAB-NCR decision reinstating Montoya in the police service.
On 8 August 2003, Montoya, together with the other police personnel reinstated in the
service by RAB-NCR(hereinafter collectively referred to as Montoya, et al.), filed before the
DILG an Urgent Motion to Dismiss and/or Opposition to the Appeal of the NCR Regional
Director. On 10 November 2003, DILG Secretary Jose D. Lina, Jr. issued an Order denying the
Apiado, Elyn D.
appeal of the NCR Regional Director. The NCR Regional Director, represented by Manere,
appealed the Order dated 10 November 2003 of DILG Secretary Lina to the Civil Service
Commission (CSC). On 23 March 2004, the NCR Regional Director issued Special Order No.
611 reinstating Montoya, et al., without prejudice to the pending appeal of the NCR Regional
Director before the CSC.
STATEMENT OF THE CASE
This is a Petition for Review on Certiorari under Rule 45 of the Revised Rules of Court
seeking to nullify and set aside the Decision dated 9 August 2007 and Resolution dated 18
October 2007 of the Court of Appeals in CA-G.R. SP No. 96022, which affirmed Resolutions No.
05-1200 and No. 06-1500 dated 24 August 2005 and 23 August 2006, respectively, of the Civil
Service Commission (CSC), dismissing petitioner Police Officer 2 (PO2) Ruel C. Montoya from
the police service.
ISSUE
Whether or not respondent manere failed to exhaust administrative remedies.
RULING
Montoya’s reliance on the doctrine of exhaustion of administrative remedies is misplaced,
for said doctrine does not find application in the instant case. The doctrine intends to preclude
premature resort from a quasi-judicial administrative body to the court. Such is not the situation
in this case. Montoya is questioning the supposed premature resort of the NCR Regional Director
from the decision of the DILG Secretary to the CSC, instead of to the Office of the President;
obviously, he is challenging the resort from one administrative body to another.
Under the doctrine of exhaustion of administrative remedies, before a party is allowed to seek the
intervention of the court, it is a pre-condition that he should have availed himself of all the means
of administrative processes afforded him. Hence, if a remedy within the administrative machinery
can still be resorted to by giving the administrative officer concerned every opportunity to decide
on a matter that comes within his jurisdiction, then such remedy should be exhausted first before
court’s judicial power can be sought. The administrative agency concerned is in the best position
to correct any previous error committed in its forum.
Further, Montoya’s assertion that DILG Secretary Lina’s decision should have first been
appealed to the Office of the President before the CSC is baseless.
PNP personnel fall under the administrative control and supervision of the DILG, which, in turn,
is under the administrative control and supervision of the CSC.
Apiado, Elyn D.
APPLICABLE LAWS, PRINCIPLES, AND DOCTRINES
Under the doctrine of exhaustion of administrative remedies, before a party is allowed
to seek the intervention of the court, it is a pre-condition that he should have availed himself of all
the means of administrative processes afforded him. Hence, if a remedy within the administrative
machinery can still be resorted to by giving the administrative officer concerned every opportunity
to decide on a matter that comes within his jurisdiction, then such remedy should be exhausted
first before court’s judicial power can be sought. The administrative agency concerned is in the
best position to correct any previous error committed in its forum.
