Sec 5 absenteevotinglaw

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Unformatted text preview: agency applies. (Laguna CATV Network v. Maraan, G.R. No. 139492, Nov. 19, 2002) Q: What is the effect of non‐exhaustion of administrative remedies? A: It will deprive the complainant of a cause of action, which is a ground for a motion of dismiss. Q: Is non‐compliance with the doctrines of primary jurisdiction or exhaustion of administrative remedies a jurisdictional defect? A: No. Non‐compliance with the doctrine of primary jurisdiction or doctrine of exhaustion of administrative remedies is not jurisdictional for the defect may be waived by a failure to assert the same at the earliest opportune time. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 153 UST GOLDEN NOTES 2011 Q: Distinguish the doctrine of primary jurisdiction from the doctrine of exhaustion of administrative remedies. A: GR: Courts will not disturb the findings of administrative agencies acting within the parameters of their own competence, special knowledge, expertise, and experience. The courts ordinarily accord respect if not finality to factual findings of administrative tribunals. XPN: If findings are not supported by substantial evidence. DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES DOCTRINE OF PRIMARY JURISDICTION Both deal with the proper relationships between the courts and administrative agencies. Applies where a case is within the concurrent jurisdiction of the court and an administrative agency but the determination of the case requires the technical expertise of the administrative agency Applies where a claim is cognizable in the first instance by an administrative agency alone Although the matter is within the jurisdiction of the court, it must yield to the jurisdiction of the administrative case Judicial interference is withheld until the administra...
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