DOCTRINE
DOCTRINE
MEANING
FUNCTION
APPLICATION
RATIONALE
When competence or jurisdiction is given to an admin body, you
cannot go to the courts until (like EJ) sir notes
EXHAUSTION OF ADMIN REMEDIES
Whenever there is an available administrative remedy provided by
law, no judicial recourse can be made until all such remedies have
been availed and exhausted
an administrative decision must be appealed to the admin
superior up to the highest level before elevating it to the court
for review
Ex. Director of Forestry Sec. of Agriculture Office of the Pres.
Courts
Determine WHEN the court enters the operation
QJ
1. Stops the influx of court cases which will clog the
courts
2. To give the agency an opportunity to correct its mistake if
it found itself to have committed error
3. Stops influx of court cases which will clog the courts
If the interest of the person is imminent of danger of damage or
injury
In essence, the same as that of DEAR, except that it applies to
rule making and to admin action which is embodied neither in rules
or regulations nor in adjudication or final orders
Determine WHEN the court enters the operation
QL
1. To prevent premature adjudication
2. Protection from judicial interference
GR: Exhaustion of remedies
11 EXC: PPPNNNQCISE
Exceptions
Rationale
Case
1. Remedy is permissive
May
Exhaustion not condition/preequesite
Laguna
2. Issue is purely a legal question
Useless to avail remedies; whatever decision of AA not give
finality to Q of law
Intepretation -> court/ judicial prerogative
Madrigal
3. Patently illegal act
Excess or lack of jurisdiction
No jurisdiction from the start/ ultra vires
Cabada
4. No administrative order yet
?
5. No plain, speedy, and adequate remedy
Urgency
6. Result in nullification of a claim
Time is of essence
Gravador
7. Doctrine of qualified political agency is applicable
Redundant exercise
Amine
8. Cosntiuttionality of statute
Judicial prerogative
Smart
9. Irreparable damage or injury will be suffered
Right of self-preservation
UP
10. Strong public interest is invovoled
Correct criticisms and avoid uncertainty
Arrow
11. Estoppel
?
Tan
Questions open to review:
1. Questions of law
2. Questions of fact
3. Hybrid
Doubts on what law should be
Doubts on truth or falsity of facts
QL + QF
Examples:
Consitutitonality
Jurisdiction
Compliance with procedure
Interpretation of law
Conclsuive; Not subject to review by reviewing courts
EXC:
Expressly aloows
Fraud, imposition, mistake (error in judgment)
Error in interpretation of evidence
Example: Nusiance
Summary proceeding
AA -> determine facts + applu law
(3 steps: facts + law + adjudicate)
No 2 cases have the same facts
Review: correct law was applied to facts
Supported by substantial evidence
Cognizable by reviewing courts
Not cognizable (w/ exceptions)
Cognizable
(QL absorbs QF)
