JUDICIAL RECOURSE AND REVIEW

Réussis tes devoirs et examens dès maintenant avec Quizwiz!

JUDICIAL RECOURSE AND REVIEW_e

Rosario vs. Court of Appeals, 211 SCRA 384, the failure to exhaust administrative remedies does not affect the jurisdiction of the court but results in the lack of a cause of action, because a condition precedent that must be satisfied before action can be filed was not fulfilled.

JUDICIAL RECOURSE AND REVIEW_b

doctrine of exhaustion of administrative remedies applies where a claim is cognizable in the first instance by an administrative agency alone. Judicial interference is withheld until the administrative process has been completed. As stated in

JUDICIAL RECOURSE AND REVIEW_j

(Sunville Timber Products, Inc. v. Abad, 206 SCRA 48); The party was denied due process (Samahang Magbubukid ng Kapdula, Inc. v. Court of Appeals,

JUDICIAL RECOURSE AND REVIEW_k

305 SCRA 147); The decision is that of a Department Secretary (Nazareno v. Court of Appeals, G.R. No. 131641, [2000]);

JUDICIAL RECOURSE AND REVIEW_a

A: The doctrine of primary jurisdiction and the doctrine of exhaustion of administrative remedies both deal with the proper relationships between the courts and administrative agencies. The

JUDICIAL RECOURSE AND REVIEW

A: The doctrine of primary jurisdiction and the doctrine of exhaustion of administrative remedies both deal with the proper relationships between the courts and administrative agencies. The doctrine of exhaustion of administrative remedies applies where a claim is cognizable in the first instance by an administrative agency alone. Judicial interference is withheld until the administrative process has been completed. As stated in Industrial Enterprises, Inc. vs. Court of Appeals, 184 SCRA 426, the doctrine of primary jurisdiction 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. In such a case, although the matter is within the jurisdiction of the court, it must yield to the jurisdiction of the administrative case. No, the failure to exhaust administrative remedies before filing a case in court does not oust the court of jurisdiction to hear the case. As held in Rosario vs. Court of Appeals, 211 SCRA 384, the failure to exhaust administrative remedies does not affect the jurisdiction of the court but results in the lack of a cause of action, because a condition precedent that must be satisfied before action can be filed was not fulfilled. A: The doctrine of exhaustion of administrative remedies means that when an adequate remedy is available within the Executive Department, a litigant must first exhaust this remedy before he can resort to the courts. The purpose of the doctrine is to enable the administrative agencies to correct themselves if they have committed an error (Rosales v. Court of Appeals, 165 SCRA 344). The following are the exceptions to the application of the doctrine of exhaustion of administrative remedies: The question involved is purely legal; The administrative body is in estoppel; The act complained of is patently illegal; There is an urgent need for judicial intervention; The claim involved is small; Grave and irreparable injury will be suffered; There is no other plain, speedy and adequate remedy; Strong public interest is involved; The subject of the controversy is private law; The case involves a quo warranto proceeding (Sunville Timber Products, Inc. v. Abad, 206 SCRA 48); The party was denied due process (Samahang Magbubukid ng Kapdula, Inc. v. Court of Appeals, 305 SCRA 147); The decision is that of a Department Secretary (Nazareno v. Court of Appeals, G.R. No. 131641, [2000]);

JUDICIAL RECOURSE AND REVIEW_f

A: The doctrine of exhaustion of administrative remedies means that when an adequate remedy is available within the Executive Department, a litigant must first exhaust this remedy before he can resort to the courts. The purpose of the

JUDICIAL RECOURSE AND REVIEW_c

Industrial Enterprises, Inc. vs. Court of Appeals, 184 SCRA 426, the doctrine of primary jurisdiction 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

JUDICIAL RECOURSE AND REVIEW_h

The question involved is purely legal; The administrative body is in estoppel; The act complained of is patently illegal; There is an urgent need for judicial intervention; The claim involved is small; Grave and irreparable injury will be suffered;

JUDICIAL RECOURSE AND REVIEW_i

There is no other plain, speedy and adequate remedy; Strong public interest is involved; The subject of the controversy is private law; The case involves a quo warranto proceeding

JUDICIAL RECOURSE AND REVIEW_d

agency. In such a case, although the matter is within the jurisdiction of the court, it must yield to the jurisdiction of the administrative case. No, the failure to exhaust administrative remedies before filing a case in court does not oust the court of jurisdiction to hear the case. As held in

JUDICIAL RECOURSE AND REVIEW_g

doctrine is to enable the administrative agencies to correct themselves if they have committed an error (Rosales v. Court of Appeals, 165 SCRA 344). The following are the exceptions to the application of the doctrine of exhaustion of administrative remedies:


Ensembles d'études connexes

Soci 100 - Homework - Chapter 3. Culture and Media

View Set

ECON 135 - Corporate Finance (Concepts)

View Set

Research Methods in Psychology Chapter 2

View Set

Unit Two: Nutrition Information: Fact or Fiction?

View Set

history of architecture exam prep

View Set

Unit 2 Estate Planning FINA 4397

View Set

NURS 310 Chapter 36 Dysrhythmias

View Set

peds hematologic disorders prepu questions

View Set