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Jax Liner applied  for a public utility bus service from Bacolod to Dumaguete
from the Land Transportation Franchising and Regulatory Board (LTFRB).  BB Express opposed.  LTFRB ruled in favor of Jax.  BB appe aled to the Secretary of the Department of Transportation and Communication  (DOTC), who reversed the LTFRB decision.  Jax appealed  to the Office of the Pr esident which reinstated the LTFRB’s ruling.  BB Express went to the Court of  Appeals on certiorari questioning the decision of the Office of the President on the ground that Office of the President has no jurisdiction over the case  in the absence of any law providing an appeal from DOTC to the Office of the President. Will the petition prosper?

A. No, exhaustion of administrative remedies up  to the level of  the President is a pre-requisite to judicial recourse.
B. No, the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former.
C. Yes, when there is no law providing an appeal to the Office of the President, no such appeal  may be pursued.
D. Yes, the doctrine of qualified political agency renders unnecessary a further appeal to the Office of the President.

answer is letter B

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