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Unformatted text preview: the administrative agency for its view. Q: What are the reasons for this doctrine? A: 1. To take full advantage of administrative expertness; and 2. To attain uniformity of application of regulatory laws which can be secured only if determination of the issue is left to the administrative body Q: When is the doctrine inapplicable? A: 1. When, by the court's determination, the legislature did not intend that the issues be left solely to the initial determination of the administrative body. 2. When the issues involve purely questions of law. 3. When courts and administrative bodies have concurrent jurisdiction. POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. ADMINISTRATIVE LAW Q: Can the court motu proprio raise the issue of primary jurisdiction? A: The court may motu proprio raise the issue of primary jurisdiction and its invocation cannot be waived by the failure of the parties to argue it, as the doctrine exists for the proper distribution of power between judicial and administrative bodies and not for the convenience of the parties. In such case the court may: 1. Suspend the judicial process pending referral of such issues to the administrative body for its review, or 2. If the parties would not be unfairly disadvantaged, dismiss the case without prejudiced. (Euro‐Med laboratories Phil. vs. Province of Batangas, G.R No. 148706, July 17, 2006) 2. Doctrine of Exhaustion of Administrative Remedies Q: What is the doctrine of exhaustion of administrative remedies? A: This doctrine calls for resort first to the appropriate administrative authorities...
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This document was uploaded on 03/12/2014.

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