[ G.R. No. 140569. October 16, 2000]

REP. OF THE PHILS., et al. vs. SEC, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 16 2000.

G.R. No. 140569 (Republic of the Philippines, Philippine Communications Satellite Corporation (PHILCOMSAT) represented by Ronaldo S. Salonga, Benito Araneta, Carmelo Africa Jr., and Edgardo Villanueva vs. Securities and Exchange Commission (SEC), Potenciano Ilusorio, Katrina Enrile de la Calzada, Fidelity Farms Inc., Great Asia Enterprises and Jaka Investments Corp.)

After carefully deliberating on the pleadings filed by the parties (Petition, Comment and Reply), the Court resolves to DENY the Petition for its utter failure to show any reversible error on the part of the Court of Appeals (CA). In fact, we agree with the appellate court that a petition for certiorari filed directly with the CA, assailing an Order of a Hearing Panel of the Securities and Exchange Commission (SEC) is improper because of the following:

(1) A plain, adequate and speedy remedy is available; that is, recourse before the SEC En Banc.

(2) The Principle of exhaustion of administrative remedies requires that, prior to judicial recourse, a complaining party should first give superior administrative agencies the opportunity to correct the errors, if any, of lower offices.

(3) Interlocutory orders cannot be reviewed by certiorari. Appeal at the appropriate time is the remedy.

Petitioners' repeated argument that the SEC Hearing Panel allegedly did not have jurisdiction over the controversy does not authorize them to jump over and ignore the SEC En Banc as the appropriate appellate body that has the authority to hear their grievance.

In other words, petitioners cannot short-circuit the judicial process. Otherwise, the dockets of appellate courts will be unduly burdened with unnecessary cases.

SO ORDERED.

Very truly yours,

JULIETA Y. CARREON

Clerk of Court

(Sgd.) LUCITA ABJELINA-SORIANO

Asst. Clerk of Court


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