GR 147464; (June, 2006) (Digest)
G.R. No. 147464 ; June 8, 2006
JOSEFINA TEOTICO (ALSO KNOWN AS BABY SANTANA), Petitioner, vs. ROSARIO D. BAER, Respondent.
FACTS
Respondent Rosario Baer filed a complaint with the Housing and Land Use Regulatory Board (HLURB) against petitioner Josefina Teotico, as administratrix of her late husband’s estate, for specific performance and damages. Baer alleged full payment for a residential lot sold by Teotico’s husband, who refused to execute the deed of absolute sale. The HLURB rendered a judgment by default against Teotico for failure to file an answer despite proper service of summons, ordering her to execute the deed and pay damages. Teotico opposed the subsequent writ of execution, arguing the decision was void due to invalid service of summons and lack of proof of her appointment as administratrix, but the HLURB denied her opposition.
Teotico filed a petition for certiorari with the Court of Appeals (CA), assailing the HLURB’s default judgment and enforcement order for grave abuse of discretion. She claimed no plain, speedy, and adequate remedy was available, citing HLURB rules that prohibit a motion for reconsideration of an arbiter’s decision.
ISSUE
Whether the Court of Appeals correctly dismissed the petition for certiorari due to petitioner’s failure to exhaust administrative remedies.
RULING
Yes. The Supreme Court affirmed the CA’s dismissal. The doctrine of exhaustion of administrative remedies mandates that parties must first avail themselves of all administrative processes before seeking judicial intervention. The HLURB Rules provided Teotico with a plain and adequate remedy: a petition for review of the arbiter’s decision to the HLURB Board within thirty days from receipt, and a subsequent appeal to the Office of the President if necessary. Her claim that she learned of the default judgment only upon receipt of the motion for execution meant the thirty-day period would run from that later date.
Certiorari under Rule 65 cannot substitute for a lost or lapsed appeal, especially when occasioned by one’s own neglect. The HLURB, as the specialized agency on housing matters, must be allowed to complete its jurisdictional functions. Teotico failed to demonstrate that her case fell under any recognized exception to the exhaustion doctrine, such as a purely legal question or a patently illegal act. Consequently, her premature resort to the courts was fatal to her petition.