Those who have committed and are convicted in a final

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Unformatted text preview: in the resolution of a controversy falling under their jurisdiction and must first be appealed to the administrative superiors up to the highest level before the same may be elevated to the courts of justice for review. Note: The premature invocation of the courts intervention is fatal to one’s cause of action. Exhaustion of administrative remedies is a prerequisite for judicial review; it is a condition precedent which must be complied with. Q: What are the reasons for exhausting administrative remedies? A: 1. To enable the administrative superiors to correct the errors committed by their subordinates. 2. Courts should refrain from disturbing the findings of administrative bodies in deference to the doctrine of separation of powers. 3. Courts should not be saddled with the review of administrative cases. 4. Judicial review of administrative cases is usually effected through special civil actions which are available only if there is no other plain, speedy, and adequate remedy. 5. To avail of administrative remedy entails lesser expenses and provides for a speedier disposition of controversies. Q: What are the exceptions to the application of the doctrine? A: DELILA PULP MUN Q 1. Violation of Due process 2. When there is Estoppel on the part of the administrative agency concerned 3. When the issue involved is a purely Legal question 4. When there is Irreparable injury 5. When the administrative action is patently illegal amounting to Lack or excess of jurisdiction 6. When the respondent is a Department Secretary whose acts as an Alter ego of the President bears the implied and assumed approval of the latter 7. When the subject matter is a Private land case proceedings 8. When it would be Unreasonable 9. When no administrative review is provided by Law 10. When the rule does not provide a Plain, speedy, and adequate remedy 11. When the issue of non‐exhaustion of administrative remedies has been rendered Moot 12. When there are circumstances indicating the Urgency of judicial intervention 13. When it would amount to a Nullification of a claim; and 14. Where the rule of Qualified political...
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This document was uploaded on 03/12/2014.

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