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Acting on the said motion, the court, on March 2, 1962, rendered an order dismissing the complaint on the ground
that the action has prescribed.
Motion for reconsideration of the said order having been denied, the plaintiff has interposed this appeal.
Without need of discussing the various questions raised, We have to uphold the order of dismissal, not necessarily
on the same ground as found by the lower court; but for the simple reason that the Court of First Instance has no
jurisdiction over the subject matter, it being a money claim against the government.
This Court has already held (New Manila Lumber Co. Inc. vs. Republic, G.R. No. L-14248, April 28, 1960) that a
claim for the recovery of money against the government should be filed with the Auditor General, in line with the
principle that the State cannot be sued without its consent. Commonwealth Act 327 provides:
SECTION 1. In all cases involving the settlement of accounts or claims, other than those of accountable
officers, the Auditor General shall act and decide the same within sixty days, exclusive of Sundays and
holidays, after their presentation. . . .
SEC. 2. The party aggrieved by the final decision of the Auditor General in the settlement of an account or
claim may, within thirty days from receipt of the decision, take an appeal in writing:
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(c) To the Supreme Court of the Philippines, if the appellant is a private person or entity.
The well established rule that no recourse to court can be had until all administrative remedies had been exhausted
and that actions against administrative officers should not be entertained if superior administrative officers could
grant relief is squarely applicable to the present case.
In view therefor, the order dismissing the complaint is hereby affirmed, without pronouncement as to costs.
Bengzon, C.J., Bautista Angelo, Concepcion, Reyes J.B.L., Barrera, Dizon, Bengzon, J.P., and Zaldivar, JJ., concur.
Makalintal, J., took no part.
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