Diamonon v DOLE, Laguesma [G.R. No. 108951, March 7, 2000]

FACTS: Petitioner was National Executive VP of the NACUSIP and VP for Luzon of the PACIWU. He later learned of his removal from the positions he held in both union in a resolution approved during a meeting of the National Executive Boards of both unions. Petitioner sought reconsideration of the resolution on his removal; at the same time, he initiated a complaint before the DOLE against the National President of NACUSIP and PACIWU questioning the validity of his removal. He filed a second complaint accusing officers of the NACUSIP and PACIWU of violation of the C/BL, illegal disbursement of union funds and abuse of authority. The first case was decided declaring his removal null and void. The Med-arbiter dismissed the second complaint for lack of personality. Petitioner appealed the dismissal of the second complaint to public respondent DOLE who issued the order holding that petitioner’s failure to show that the administrative remedies have been exhausted was fatal to his cause. Petitioner alleges that public respondents “switched” the ground for dismissal from that of “lack of personality to file the complaint to “non exhaustion of administrative remedies.” Thereby by going outside the issued and purporting to adjudicate on something upon which the parties were not heard.


ISSUE: W/N public respondent committed grave abuse of discretion in dismissing the appeal.


HELD: No. An appellate court may only pass upon errors assigned, but such without exceptions. An appellate court, as well as those in administrative bodies, are given broad discretionary powers to waive the lack of assignment of errors and consider errors not assigned. In this case, not only did petitioner fail to comply with the IRR of the Labor Code, but he also did not exhaust the remedies set forth by the C/BL of both unions. A party with an administrative remedy must not merely initiate the prescribed administrative procedure to obtain relief, but also to pursue it to its appropriate conclusion before seeking judicial intervention to prevent unnecessary and premature resort to said bodies.