[ G.R. No. L-39764. May 28, 1975 ]

[ G.R. No. L-39764. May 28, 1975 ]

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SECOND DIVISION

[ G.R. No. L-39764. May 28, 1975 ]

ONG TIAO SENG, DOING TRANSPORTATION BUSINESS UNDER THE NAME AND STYLE AS "MERCURY TAXI", PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION; MALAYANG PAGKAKAISA NG MGA SAMAHAN SA TRANSPORTATION (MAPAGSAT-PAFLU), VIRGILIO LUCERO, ABELARDO TAYAG, GENELITO VICENTE, MABINI GALASAO, MIGUEL MEDALLADA, FELICIANO VILLENA, AND DOMINADOR BUHION, AND ETC., RESPONDENTS.

R E S O L U T I O N

BARREDO, J.:

Upon consideration of the allegations of the petition as well as those of the answers of the public and private respondents in this case, and it appearing that petitioner has not exhausted available administrative remedies by appealing to the Secretary of Labor pursuant to the Rules and Regulations dated October 21, 1972, implementing Presidential Decree No. 21, as well as the Rules and Regulations of April 2, 1973, and that there is insufficient showing of grave abuse of discretion on the part of said Commission, much less lack of jurisdiction over the subject matter, the Court resolved to DISMISS the petition, without the need of any further proceedings.

Fernando, (Chairman), Antonio, Aquino, and Concepcion Jr., JJ., concur.