Bordallo v. PRC

examinations (walang important na nakalagay sinabi lang na yung Board of Marine
BORDALLO v. PROFESSIONAL REGULATIONS COMMISSION shall issue programs of examinations which shall contain the subjects)
GR NO. 140920 o Admitting that the resolution was issued for the examinations in July
Nov. 19, 2001 1998, it applies to the previous examination given in April which the
BDC petitioners took.
Topic: wait di ko sure o The denial was also premised on the fact that the Implementing Rules
Petitioners: JUAN BORDALLO, RESTITUTO G. DE CASTRO and NOEL G. OLARTE and Regulations promulgated by the Board was not yet effective during
Respondents: THE PROFESSIONAL REGULATIONS COMMISSION and THE BOARD OF MARINE the licensure examinations given in April 1998 and July 1998. The new
DECK OFFICERS rating system under the new law was only implemented in the licensure
Ponente: Kapunan, J. examinations given in October 1998
 Petitioners filed before the CA a petition for mandamus which the CA denied
because the court said that petitioners should have appealed to the PRC and not to
DOCTRINE:
Time is gold. them.
FACTS: ISSUE: WON the resort to mandamus in the CA is proper.

 On February 24, 1998, President Fidel V. Ramos approved R.A 8544, entitled An Act
RULING: YES.
Regulating the Practice of the Merchant Marine Profession in the Philippines,
As a rule, where the law provides for the remedies against the action of an administrative
otherwise known as the Philippine Merchant Marine Officers Act of 1998. It took
board, body, or officer, relief to courts can be sought only after exhausting all remedies
effect Mar. 25, 1998.
provided. The rule on exhaustion of administrative remedies is not absolute but admits of
 The law provides for, and governs, among others, the examination, registration and
exceptions. One of these exceptions is when the question is purely legal, such as the one
issuance of Certificate of Competency to Merchant Marine Officers.
presented in the case at bar. The failure of petitioners to appeal to the PRC, therefore, is not
o Sec. 2 declares it the policy of the State to institutionalize radical changes
fatal to petitioners’ cause.
as required by international and national standards to insure that only
qualified, competent and globally competitive Marine Deck/Engineer
DISPOSITIVE PORTION:
Officers as determined through licensure examinations shall be allowed
WHEREFORE, the petition is GIVEN DUE COURSE and is GRANTED. Petitioners are held to be
entry to the practice of the Merchant Marine profession
qualified as having passed the Board Examination for Marine Deck Officers conducted on
o Sec. 17 provides that to be considered as having passed the board exam,
April 25-27, 1998.
an average of 70%, with no grade lower than 60% in any subject must be
SO ORDERED.
obtained.
 The law also created the Board of Marine Desk Officers, which is tasked to
administer and enforce rules and regulations to carry out the provisions of the said
act.
 On April 25-27, 1998 respondent Board of Marine Deck Officers conducted the
examination for deck officers.
 Petitioner Juan Lorenzo Bordallo took the examination for Chief Mate, petitioner
Restituto de Castro for Second Mate, and petitioner Noel Olarte for Third Mate. At
that time, the Board had not yet issued the syllabi and the rules and regulations
pursuant to Republic Act.
 Petitioners received notices from respondent Professional Regulatory Commission
(PRC) that they failed in their respective examinations.
o None obtained a general average of 75% but none of them had a grade
below 60% in any subject as well.
 Petitioners filed a petition before the Board of Marine Deck Officers claiming that,
in accordance with Section 17 of R.A. No. 8544, they should be considered as
having passed the April 1998 Examination for Deck Officers.
 The Board of Marine Deck Officers denied the petition on Feb. 9, 1999 on the
ground that it is guided by PRC Resolution No. 569, which was issued after the

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examinations (walang important na nakalagay sinabi lang na yung Board of Marine

FACTS: ISSUE: WON the resort to mandamus in the CA is proper.

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