Regional Trial Court Branch 61 Judge Henry Arles recently dismissed two civil suits filed by private land owners against the Department of Public Works and Highways for lack of cause of action.

In his three-page omnibus order, Arles dismissesed civil case 1444 filed by the heirs of Felicisima and Melquladez Vasquez and civil case 1445 lodged by Isabel Trompeta, both against the DPWH.

The cases stemmed from the use by the department of the petitioners' properties for roads, court records show.

Arles said the petitioners had not exhausted the administrative remedies in claiming compensation for the their properties used by the DPWH as provided in Section 3, Rule 65 of the Rules of Court before they filed the cases in court.

The rule states that a petitioner can only file a case in court when the tribunal, corporation, board, officer, or person in charge of a complaint unlawfully neglects their duty to answer it and when there is no other plain, speedy and adequate remedy in the ordinary course of law, court records show.

It also said the petitioners filed their claims for compensation over the use of their properties on June 29, 2007 and on July 19, of the same year, they demanded that the DPWH act on them.

On July 30, 2007, the petitioners filed the civil cases in court, records show.

Arles said that in the two cases filed against the DPWH, the petitioners hastily lodged the civil suits when their administrative complaint had not yet reached the Office of the Secretary of the department or the Office of the President.

Arles also granted the motion of the DPWH to strike the petitioners' motion to declare it in default off from the records.

The petitioners motion cannot be given due course because it violated the three-day notice rule of the court, Arles said.*PP

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