Beruflich Dokumente
Kultur Dokumente
her personal capacity, yet it sought, as it now does, the allowed to the prevailing party as a matter of course, but
nullification of the Notice of Offer or the awards thereon, the court shall have power, for special reasons, to adjudge
such remedy could not avail even if granted. Lichauco, in that either party shall pay the costs of an action, or that the
her personal capacity, cannot be directed to set aside the same be divided, as may be equitable. No costs shall be
Notice of Offer, the award of the bid, or to issue a new allowed against the Republic of the Philippines unless
award herself. It is only because Lichauco was sued in her otherwise provided by law.
official capacity as the DOTC Undersecretary that she, or
her successors in office, could be judicially compelled to ---------------------------------------------------------
act in such fashion.
— EXCEPTION TO EXHAUSTION OF ADMINISTRATIVE
REMEDIES: Great and irreparable damage Turning to the
matter pertaining to non-exhaustion of administrative
remedies, it is fundamental that this principle is not an
inflexible rule. It yields to many accepted exceptions.
(Rocamora vs. RTC - Cebu, G.R. No. 65307). As in this case,
this principle can be dispensed with when its application
would cause great and irreparable damage and when it
does not provide a plain, speedy and adequate remedy.
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Technische
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