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    Regino v. Pangasinan Colleges of Science and Technology

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    JG Ud
    The petitioner, a student at Pangasinan Colleges of Science and Technology (PCST), was prohibited from taking her final examinations and ejected from her class after refusing to purchase tickets for a fundraiser. The trial court dismissed the case due to non-exhaustion of administrative remedies, stating the issue involved the determination of PCST's policy. However, the Supreme Court held that the doctrine of exhaustion of administrative remedies did not apply. While the doctrine requires available administrative remedies to be exhausted first, an exception exists when the issue is purely legal. Since the petitioner was seeking damages, a power beyond an agency, the case fell within the court's jurisdiction to interpret the Civil Code.

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    Regino v. Pangasinan Colleges of Science and Technology

    Uploaded by

    JG Ud
    66 views2 pages
    The petitioner, a student at Pangasinan Colleges of Science and Technology (PCST), was prohibited from taking her final examinations and ejected from her class after refusing to purchase tickets for a fundraiser. The trial court dismissed the case due to non-exhaustion of administrative remedies, stating the issue involved the determination of PCST's policy. However, the Supreme Court held that the doctrine of exhaustion of administrative remedies did not apply. While the doctrine requires available administrative remedies to be exhausted first, an exception exists when the issue is purely legal. Since the petitioner was seeking damages, a power beyond an agency, the case fell within the court's jurisdiction to interpret the Civil Code.

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    Regino v PCST.docx

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    The petitioner, a student at Pangasinan Colleges of Science and Technology (PCST), was prohibited from taking her final examinations and ejected from her class after refusing to purchase tickets for a fundraiser. The trial court dismissed the case due to non-exhaustion of administrative remedies, stating the issue involved the determination of PCST's policy. However, the Supreme Court held that the doctrine of exhaustion of administrative remedies did not apply. While the doctrine requires available administrative remedies to be exhausted first, an exception exists when the issue is purely legal. Since the petitioner was seeking damages, a power beyond an agency, the case fell within the court's jurisdiction to interpret the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    66 views2 pages

    Regino v. Pangasinan Colleges of Science and Technology

    Uploaded by

    JG Ud
    The petitioner, a student at Pangasinan Colleges of Science and Technology (PCST), was prohibited from taking her final examinations and ejected from her class after refusing to purchase tickets for a fundraiser. The trial court dismissed the case due to non-exhaustion of administrative remedies, stating the issue involved the determination of PCST's policy. However, the Supreme Court held that the doctrine of exhaustion of administrative remedies did not apply. While the doctrine requires available administrative remedies to be exhausted first, an exception exists when the issue is purely legal. Since the petitioner was seeking damages, a power beyond an agency, the case fell within the court's jurisdiction to interpret the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Administrative Law

    regino
    v.
    pangasinan
    colleges of science and
    technology
    facts
    Petitioner
    Khristine
    Rea
    M.
    Regino
    was
    a
    first
    year
    computer science student at the
    respondent-school,
    Pangasinan
    Colleges
    of
    Science
    and
    Technology (PCST) where she was
    enrolled, with a part of her
    curriculum being a logic and
    statistics
    subjects
    under
    the
    respondents,
    Rachelle
    A.
    Gamurot and Elissa Baladad. In the
    second semester of her school
    year, PCST held a fund raising
    activity wherein the students were
    indirectly required to purchase
    tickets for the event for P100.00,
    with additional points in their test
    scores being the incentive. Those
    who failed to avail of the tickets,
    however, would be disallowed from
    taking their final examinations.
    Financially strapped and prohibited
    by her religion from attending
    dance parties and celebrations,
    Regino refused to pay for the
    tickets, which led her to be
    excluded from the rest of her class
    in taking the final examinations
    and outright ejected from their
    classroom the following day after
    publicly naming her and one other
    classmate as persons who did not
    purchase tickets. Despite their
    pleas, the respondents remained
    adamant that they were simply
    following PCSTs school policy.
    Aggrieved, the petitioners went to
    the trial court and filed, as pauper

    Prior Resort
    litigant, a case against the
    respondents and the PCST. The trial
    court, however, ruled in favor of
    the respondents and dismissed the
    case due to the non-exhaustion of
    administrative remedies, citing that
    the question raised in the case
    involved the determination of the
    wisdom of an administrative policy
    of PCST. Hence, the case should
    have been initiated before the
    proper administrative body, the
    Commission of Higher Education
    (CHED), which has the power of
    supervision and regulation of
    tertiary schools under Section 54 of
    RA 7722, the Education Act of
    1982.
    issue
    Is the doctrine of exhaustion of
    administrative
    remedies
    is
    applicable?
    held
    No. The respondents anchored
    their Motion to Dismiss on
    petitioners
    alleged
    failure
    to
    exhaust administrative remedies
    before resorting to the RTC.
    According
    to
    them,
    the
    determination of the controversy
    hinge on the validity, the wisdom
    and the propriety of PCSTs
    academic policy. However, the
    doctrine
    of
    exhaustion
    of
    administrative remedies does not
    apply to the present case.
    The doctrine of exhaustion of
    administrative
    remedies
    (Prior
    Resort) states that courts should
    not entertain suits unless the
    available administrative remedies
    have first been resorted to and the

    Administrative Law

    Prior Resort

    proper authorities have been given


    the appropriate opportunity to act
    and correct their alleged errors, if
    any,
    committed
    in
    the
    administrative forum. It admits to
    certain exceptions, one of which
    arises when the issue is purely
    legal
    and
    well
    within
    the
    jurisdiction of the trial court such
    as in the present case at bar.

    damages; a power beyond the


    administrative agency to grant
    since it is not a court. Since the
    petitioner, at this time, is asking for
    damages, the same calls for the
    interpretation of the Civil Code; a
    function that falls squarely within
    the ambit of the courts. As such,
    the exhaustion of administrative
    remedies cannot bar the petitioner.

    In this case, Regino is not asking


    for the reversal of the policies of
    PCST and neither is she demanding
    it to allow her to take her final
    examinations since she is already
    enrolled in another educational
    institution by the time of this
    decision. In fact, even if she were
    to file a case with CHED, her
    request involves the awarding of

    Note: Doctrine of Prior Resort/


    Doctrine of Primary Administrative
    Jurisdiction states that where there
    is competence or jurisdiction
    vested upon an administrative
    body to act upon a matter, no
    resort to the courts may be made
    before such administrative body
    shall have acted upon the matter.

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