Exhaustion Of Administrative Remedies Flashcards
What is the doctrine of EXHAUSTION OF ADMINISTRATIVE REMEDIES
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. See Aquino v. Mariano, 129 SCRA 532; National Development Company v. Hervilla, 151 SCRA 200; Union Bank v. Court of Appeals, 290 SCRA 198.
What is the doctrine of EXHAUSTION OF ADMINISTRATIVE REMEDIES
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. See Aquino v. Mariano, 129 SCRA 532; National Development Company v. Hervilla, 151 SCRA 200; Union Bank v. Court of Appeals, 290 SCRA 198.
Reasons for the doctrine of ear?
If relief is first sought from a superior administrative agency, resort to
the courts may be unnecessary.
The administrative agency should be given a chance to correct its
error
Principles of comity and convenience require that the courts stay their
hand until the administrative processes are completed.
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.
Doctrine of Prior Resort,
Doctrine of Prior Resort, also known as the doctrine of primary administrative jurisdiction: Where there is competence or jurisdiction vested upon an administrative body to act upon a matter, no resort to the courts may be made before such administrative body shall have acted upon the matter.
courts cannot take cognizance of cases pending before administrative agencies of special competence.
Doctrine of finality of administrative action:
No resort to the courts will be allowed unless the administrative action has been completed and there is nothing left to be done in the administrative structure.
A party aggrieved must not merely initiate the prescribed administrative procedure to obtain relief, but must also pursue it to its appropriate conclusion before seeking judicial intervention in order to give that administrative agency an opportunity to decide the matter by itself correctly and prevent unnecessary and premature resort to the courts
Effect of failure to exhaust administrative remedies.
Effect of failure to exhaust administrative remedies. The jurisdiction of the court is not affected; but the complainant is deprived of a cause of action which is a ground for a motion to dismiss. However, if no motion to dismiss is filed on this ground, there is deemed to be a waiver. See Soto v. Jareno, 144 SCRA 116; Eastern
Doctrine of qualified political agency (alter ego doctrine)
the Supreme Court held that when the ‘ ‘ ‘ Undersecretary of Natural Resources denied the motion for reconsideration, he was acting on behalf of the Secretary of Natural Resources; accordingly, administrative remedies had been exhausted.
Exceptions to the doctrine ofexhaustim of admin remedies?
- Doctrine of qualified political agency (alter ego doctrine).
- Where the administrative remedy is fruitless
- Where there is estoppel on the part of the administrative agency
- Where the issue involved is purely a legal question ,
- Where the administrative action is patently illegal, amounting to lack or
excess of jurisdiction - Where there is unreasonable delay or official inaction.
- Where there is irreparable injury or threat thereof, unless judicial recourse is immediately made
- In land cases, where the subject matter is private land [Soto v. Jareno, supra.].
- Where the law does not make exhaustion a condition precedent to judicial recourse.
- Where observance of the doctrine will result in the nullification of the claim.
- Where there are special reasons or circumstances demanding immediate court action.
- When due process of law is clearly violated
- When the rule does not provide a plain, speedy and adequate remedy
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