G.R. No. L-10771; April 30, 1957
EDUARDO M. PERALTA, petitioner, vs. DANIEL M. SALCEDO, ETC., respondent.

FACTS

Petitioner Eduardo M. Peralta was a fourth-year law student at Adamson University during the 1955-56 school year. A verified complaint for immorality was filed against him by Marieta Y. de Sesto with the Bureau of Private Education, alleging illicit relations resulting in the birth of a child and Peralta’s refusal to fulfill a promise of marriage. Upon receipt, the respondent Director of Private Schools informed the university president and requested that Peralta’s graduation be held in abeyance pending final determination. After investigation, the Director recommended to the Secretary of Education on April 21, 1956, that Peralta be expelled from Adamson University and denied admission to any other school. At the school year’s end, Peralta applied for graduation and later requested a certificate of completion of law studies, which is required for bar examinations. Both requests were refused due to the pending complaint. Peralta then filed a petition for mandamus to compel the respondent Director to issue the certificate and necessary orders for his diploma.

ISSUE

Whether the petition for mandamus is proper and ripe for judicial intervention.

RULING

The Supreme Court dismissed the petition for mandamus. The Court held that the petition was premature because the respondent Director had only made a recommendation to the Secretary of Education, who had not yet rendered a final decision on the case. The well-settled rule requires exhaustion of all administrative remedies before recourse to the courts can be had. Since the superior administrative officer (the Secretary of Education) could still grant relief, the special civil action of mandamus was not entertainable at that stage. Costs were imposed against the petitioner.