FIRST DIVISION
[G.R. No. 243458. February 20, 2019.]
GREGORIO S. DAPROZA, JR., petitioner,vs. DEPARTMENT OF BUDGET AND MANAGEMENT, SECRETARY BENJAMIN E. DIOKNO, UNDERSECRETARY LUZ M. CANTOR AND DIRECTOR MA. SOLEDAD G. DOLOIRAS, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated February 20, 2019 which reads as follows:
"G.R. No. 243458 — (Gregorio S. Daproza, Jr. v. Department of Budget and Management, Secretary Benjamin E. Diokno, Undersecretary Luz M. Cantor and Director Ma. Soledad G. Doloiras)
After review of the records, the Court resolves to DISMISS the petition for mandamus for failure to exhaust administrative remedies, and the allegations being insufficient to bring the petition within any of the exceptions to the rule on exhaustion of administrative remedies.
In the instant case, the plain, speedy and adequate remedy which, in the ordinary course of law, is still available to petitioner is to move for the reconsideration of respondents' adverse ruling and, thereafter, file an appeal before the Office of the President through a Notice of Appeal pursuant to Sections 1 1 and 2 2 of the Administrative Order No. 22, series of 2011. 3 When petitioner failed to avail of the foregoing remedies, he violated the doctrine of exhaustion of administrative remedies.
WHEREFORE, the instant petition for mandamus is DISMISSED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. SECTION 1. Period to appeal. — Unless otherwise provided by special law, an appeal to the Office of the President shall be taken within fifteen (15) days from notice of the aggrieved party of the decision/resolution/order appealed from, or of the denial, in part or in whole, of a motion for reconsideration duly filed in accordance with the governing law of the department or agency concerned.
2. SECTION 2. Appeal, how taken. — The appeal shall be taken by filing a Notice of Appeal with the Office of the President, with proof of service of a copy thereof to the department or agency concerned and the affected parties, and payment of the appeal fee.
3. Prescribing Rules and Regulations governing Appeals to the Office of the President of the Philippines.