Supreme Court decision · Labor Law and Social Legislation

Ong Tiao Seng v. National Labor Relations Commission

G.R. No. L-39764 · Promulgated May 28, 1975 · Ponente: Barredo

In brief

This case is about the dismissal of a petition due to the petitioner's failure to exhaust administrative remedies before appealing to the Secretary of Labor.

Administrative Remedies, Exhaustion, Labor Relations Commission, Presidential Decree No. 21, Petition Dismissal

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Full text

SECOND DIVISION

G.R. No. L-39764 May 28, 1975

ONG TIAO SENG, doing transportation business under the name and style as "Mercury Taxi", petitioner,
vs.
NATIONAL LABOR RELATIONS COMMISSION: MALAYANG PAGKAKAISA NG MGA SAMAHAN SA TRANSPORTATION (MAPAGSAT-PAFLU), VIRGILIO LUCERO, ABELARDO TAYAG, GENELITO VICENTE, MABINI GALASAO, MIGUEL MEDALLADA, FELICIANO VILLENA, and DOMINADOR BUHION, and etc., respondents.

R E S O L U T I O N

BARREDO, J.:

Upon consideration of the allegations of the petition as well as those of the answers of the public and private respondents in this case, and it appearing that petitioner has not exhausted available administrative remedies by appealing to the Secretary of Labor pursuant to the Rules and Regulations dated October 21, 1972, implementing Presidential Decree No. 21, as well as the Rules and Regulations of April 2, 1973, and that there is insufficient showing of grave abuse of discretion on the part of the said Commission, much less lack of jurisdiction over the subject matter, the Court resolved to DISMISS the petition, without the need of any further proceedings.

Fernando (Chairman), Antonio, Aquino and Concepcion, Jr., JJ., concur.1äwphï1.ñët