SOTO VS.

JARENO

G.R. No. L-38962; September 15, 1986

TOPIC: Judicial Review; Effect of Non-Compliance

FACTS: Sergio Serfino was a registered land owner whose civil status, as it appeared on the
certificate of title, stated that he was a widower. Petitioner herein was the wife of Serfino and
she sought to change the civil status of his husband from being a widower to being married to
her. The trial court granted the motion to change such civil status, but it later reconsidered its
decision and held itself without jurisdiction to act on the matter on the ground that there was no
observance of the exhaustion of administrative remedies.

ISSUE: Whether or not the trial court has jurisdiction to order an amendment of a certificate of
title despite the non-compliance with the doctrine of exhaustion of administrative remedies.

HELD: Affirmative. The Court ruled that the failure to observe the doctrine of exhaustion of
administrative remedies does not affect the jurisdiction of the court. The only effect of non-
compliance with this rule is that it will deprive the complainant of a cause of action, which is a
ground for a motion to dismiss. If not invoked at the proper time, this ground is deemed waived
and the court can, then, take cognizance of the case and try it.