Doctrine of Exhaustion of Administrative Remedies Flashcards
What is the doctrine of exhaustion of administrative remedies?
The doctrine of exhaustion of administrative remedies states that whenever there is an available administrative remedy provided by law, no judicial recourse can be made until all such remedies have been availed of and exhausted.
What are the four (4) reasons for the existence of the doctrine of exhaustion of administrative remedies?
1) If relief is first sought from a superior administrative agency, resort to the courts may be unnecessary.
2) The administrative agency should be given a chance to correct its error.
3) Principles of comity and convenience require that the courts stay their hand until the administrative processes are completed.
4) Since judicial review of administrative decisions is usually made through special civil actions, such proceedings will not normally prosper if there is another plain, speedy, and adequate remedy in the ordinary course of law.
What are the thirteen (13) exceptions to the doctrine of exhaustion of administrative remedies?
1) Doctrine of qualified political agency (alter ego doctrine)
2) Where the administrative remedy is fruitless
3) Where there is estoppel on the part of the administrative agency
4) Where the issue involved is purely a legal question
5) Where the administrative action is patently illegal, amounting to lack or excess of jurisdiction
6) Where there is unreasonable delay or official inaction
7) Where there is irreparable injury or threat thereof, unless judicial recourse is immediately made
8) In land cases, where the subject matter is private land
9) Where the law does not make exhaustion a condition precedent to judicial recourse
10) Where observance of the doctrine will result in the nullification of the claim
11) Where there are special reasons or circumstances demanding immediate court action
12) When due process of law is clearly violated
13) When the rule does not provide a plain, speedy, and adequate remedy
