Sec3cra 7941 qwhatisasectoralparty

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Unformatted text preview: ve officer from performing his statutory duty for fear that he will perform it wrongly. 6. Judicial Review of Administrative Action Q: What is the concept of judicial review? A: Judicial review is the re‐examination or determination by the courts in the exercise of their judicial power in an appropriate case instituted by a party aggrieved thereby as to whether the questioned act, rule, or decision has been validly or invalidly issued or whether the same should be nullified, affirmed or modified. Note: The mere silence of the law does not necessarily imply that judicial review is unavailable. Q: What are the requisites of judicial review of administrative action? A: 1. Administrative action must have been completed (“the principle of finality of administrative action;”) and 2. Administrative remedies must have been exhausted known as (“the principle of exhaustion of administrative remedies.”) Q: What are the limitations on judicial review? A: 1. Final and executory decisions cannot be made the subject of judicial review. 2. Administrative acts involving a political question are beyond judicial review, except when there is an allegation that there has been grave abuse of discretion. 3. Courts are generally bound by the findings of fact of an administrative agency. Q: Is the rule that findings of facts by administrative agencies are binding on the courts subject to any exceptions? A: GR: Yes. XPN: FIPE – GES 1. Findings are vitiated by Fraud, imposition, or collusion 2. Procedure which led to factual findings is Irregular 3. Palpable errors are committed 4. Factual findings not supported by Evidence 5. Grave abuse of discretion, arbitrariness, or capriciousness is manifest 6. When expressly allowed by Statute; and 7. Error in appreciation of the pleadings and in the interpretation of the documentary evidence presented by the parties 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...
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