G.R. No. L-30774 October 31, 1969
TEODORA B. DE LA CRUZ, petitioner-appellant, vs. TEODULO G. GABOR, ROSENDO M. HERNANDEZ, HON. SEC. OF EDUCATION, HON. COMMISSIONER OF CIVIL SERVICE and EVANGELINE ESPINOSA, respondents-appellees.

FACTS

Petitioner-appellant Teodora B. de la Cruz, a civil service eligible, held a provisional appointment as a classroom teacher of Cosmetology I and II at the Leyte Regional School of Arts and Trades for fifteen years. She alleged that she was illegally ousted from her position effective March 30, 1963, through the bad faith and fraudulent machinations of the school principal, Rosendo M. Hernandez (since deceased), and the Superintendent, Teodulo G. Gabor. They reportedly represented that she was teaching special courses, not regular ones, leading the Secretary of Education to recommend the abolition of the special course and the termination of her services, which the Bureau of Civil Service effected. She further averred that she was replaced by Evangeline Espinosa, who allegedly had no civil service eligibility, no teaching experience, and was a newcomer. After her petitions for reconsideration proved fruitless, she filed an action for mandamus and quo warranto with preliminary injunction and damages against Hernandez, Gabor, Espinosa, the Secretary of Education, the Civil Service Commissioner, and the Director of the Bureau of Vocational Education. The Court of First Instance of Leyte dismissed the petition on two grounds: (1) lack of jurisdiction over the national officials (Secretary of Education, Director of Vocational Education, Commissioner of Civil Service) as they held office in Manila, outside its territorial jurisdiction, pursuant to Section 44(h) of the Judiciary Act; and (2) failure of the petitioner to exhaust all administrative remedies before filing the court action.

ISSUE

1. Whether the Court of First Instance of Leyte had jurisdiction to issue a preliminary mandatory injunction against national officials stationed outside its territorial jurisdiction.
2. Whether the court correctly dismissed the action against the other respondents (Gabor, Hernandez, Espinosa) on the ground of failure to exhaust administrative remedies.

RULING

1. The Court of First Instance correctly ruled that it had no jurisdiction to issue the preliminary mandatory injunction against the national officials (Secretary of Education, Commissioner of Civil Service) stationed in Manila, outside its territorial jurisdiction. This is in accordance with Section 44(h) of the Judiciary Act and established jurisprudence. However, this lack of jurisdiction over the national officials did not preclude the court from taking cognizance of the action for reinstatement and damages against Superintendent Gabor, principal Hernandez, and teacher Espinosa, who were stationed in Leyte province. The proper course was to order the amendment of the complaint to exclude the national officials and proceed with the case against the remaining defendants.
2. The lower court’s second ground for dismissal, that the petitioner failed to exhaust administrative remedies, was not supported by the record. The record demonstrated that petitioner De la Cruz had repeatedly but unsuccessfully sought remedy from the administrative officials of the Department of Education. Considering the one-year prescriptive period for initiating quo warranto proceedings, she could not be expected to do more. Therefore, the dismissal on this ground was incorrect.
The Supreme Court reversed and set aside the order of dismissal and remanded the records to the court of origin for further proceedings in conformity with its opinion.