Exhaustion of Administrative Remedies When Premature Court Intervention Fails

When a government employee is dismissed and later reinstated, the instinct is to go straight to court to collect what was lost. Cano v. The Chief, Philippine National Police shows that the route matters as much as the right being claimed. In a 2002 Resolution, the Supreme Court affirmed the dismissal of a police officer's suit for back salaries without reaching the merits at all — because the case raised the wrong kind of question and was filed in the wrong forum. For anyone dealing with an adverse administrative ruling, the case is a reminder that procedure can end a dispute before the substance is ever discussed.

A dismissal, a reversal, and a claim for back pay

Robin M. Cano was a Police Chief Inspector of the Calauan Police Station when a complaint for grave misconduct was filed against him before the National Police Commission (NAPOLCOM), arising from the alleged bungled investigation of the Eileen Sarmenta and Allan Gomez rape-slay case. The Chief of the Philippine National Police found him guilty and ordered his summary dismissal in a decision dated July 12, 1995.

Cano appealed to the NAPOLCOM National Appellate Board. On May 15, 1997, the Board reversed the