The Supreme Court held in Tze Sun Wong v. Kenny Wong (G.R. No. 180364, December 3, 2014) that from the denial of the motion for reconsideration by the Bureau of Immigration (BI) Board of Commissioners (BOC), the aggrieved party has three (3) options:
- He may file an appeal directly to the Court of Appeals via Rule 43 provided that he shows that any of the exceptions to the remedy exhaustion doctrine is present;
- Absent any of the exceptions, he may exhaust the available administrative remedies within the executive machinery, namely, an appeal to the Secretary of Justice and then to the Office of the President (OP), and thereafter, appeal the OP's decisions via Rule 43; or
- He may directly resort to certiorari before the Court of Appeals strictly on jurisdictional grounds, provided that he explains why any of the aforementioned remedies cannot be taken as "adequate and speedy."
