JUDICIAL RECOURSE AND REVIEW

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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.

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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

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

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

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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]);

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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

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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

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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;

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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

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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

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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: