EXHAUSTION OF ADMINISTRATIVE REMEDIES

Where the law has delineated the procedure by which administrative appeal or remedy could be effected, the same should be followed before recourse to judicial action can be initiated.

1. RATIONALE:A. Legal reason: The law prescribes a procedure.B. Practical reason: To give the agency a chance to correct its own errors and prevent unnecessary and premature resort to the courts. If relief is first sought from a superior administrative agency, resort to the courts may be unnecessary.[footnoteRef:1] [1: Bangus Fry Fisherfolk v. Lanzanas, G.R. No.131442, July 10, 2003]

C. Reasons of comity: Principles of comity and convenience require that the courts stay their hand until the administrative processes are completed.

It must be noted, however, that only those decisions of administrative agencies made in the exercise of quasi-judicial powers are subject to the rule on exhaustion of administrative remedies.

2. REQUISITES:A. The administrative agency is performing a quasi-judicial function.B. Judicial review is available.C. The court acts in its appellate jurisdiction.

DOCTRINE OF PRIOR RESORT

It is also known as the doctrine of primary administrative jurisdiction where there is competence or jurisdiction vested upon an administrative body to act upon a matter, no resort to the courts may be made before such administrative body shall have acted upon the matter.

Courts will not intervene if the question to be resolved is one which requires the expertise of administrative agencies and the legislative intent on the matter is to have uniformity in the rulings. It can only occur where there is a concurrence of jurisdiction between the court and the administrative agency.

It is a question of the court yielding to the agency because of the latters expertise, and does not amount to ouster of the court.[footnoteRef:2] [2: Texas & Pacific Railway v. Abilene (1907)]

Well-entrenched is the rule that courts will not interfere in matters which are addressed to the sound discretion of the government agency entrusted with the regulation of activities coming under the special and technical training and knowledge of such agency.

1. RATIONALE:

In this era of clogged docket courts, the need for specialized administrative boards with the special knowledge and capability to hear and determine promptly disputes on technical matters has become well-nigh indispensable. Between the power lodged in an administrative body and a court, the unmistakable trend has been to refer it to the former.

2. REQUISITES:A. Administrative body and the regular court have concurrent and original jurisdiction.B. Question to be resolved requires expertise of administrative agency.C. Legislative intent on the matter is to have uniformity in rulings.D. Administrative agency is performing a quasi-judicial or adjudicatory function.

It is presumed that an administrative agency, if afforded an opportunity to pass upon a matter, would decide the same correctly, or correct any previous error committed in its forum.[footnoteRef:3] [3: Caballes v Sison (2004)]

3. WHEN THE DOCTRINE IS INAPPLICABLE:A. If the agency has exclusive jurisdictionB. When the issue is not within the competence of the administrative body to action.C. When the issue involved is clearly a factual question that does not require specialized skills and knowledge for resolution to justify the exercise of primary jurisdiction.

4. EFFECT

The case is not dismissed, but merely suspended until after the matters within the competence of the administrative agency are threshed out and determined.[footnoteRef:4] [4: Vidad v. RTC(1993)]

DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION

No resort to the courts will be allowed unless the administrative action has been completed and there is nothing left to be done in the administrative structure.

The Doctrine of Finality of Administrative Action is a broader doctrine which encompasses the Doctrine of Exhaustion of Administrative Remedies. It is a prerequisite for judicial review.

Petitioner did not take an appeal from the order of the Director, Bureau of Labor Relations, to the Secretary of Labor and Employment, but went directly to court, it was held that the court action was made prematurely and the petitioner failed to exhaust administrative remedies.[footnoteRef:5] [5: SSS EmployeesAssociation v. Bathan-Velasco, G.R. No. 108765, August 27,1999]

A party aggrieved must not merely initiate the prescribed administrative procedure to obtain relief, but must also pursue it to its appropriate conclusion before seeking judicial intervention in order to give that administrative agency an opportunity to decide the matter by itself correctly and prevent unnecessary and premature resort to the courts.[footnoteRef:6] [6: Zabat v. Court of Appeals, 338 SCRA 551]

1. Effect of failure to exhaust administrative remedies:

The jurisdiction of the court is not affected; but the complainant is deprived of a cause of action which is a ground for a motion to dismiss. However, if no motion to dismiss is filed on this ground, there is deemed to be a waiver.[footnoteRef:7] [7: Republic v. Sandiganbayan (1996)]

2. Exceptions to the doctrine:

a. Purely legal questions.b. Steps to be taken are merely matters of form.c. Administrative remedy not exclusive but merely cumulative or concurrent to a judicial remedy.d. Validity and urgency of judicial action or intervention.e. No other plain, speedy, adequate remedy in the ordinary course of the law.f. Resort to exhaustion will only be oppressive and patently.g. Where the administrative remedy is only permissive or voluntary and not a prerequisite to the institution of judicial proceedings. h. Application of the doctrine will only cause great and irreparable damage which cannot be prevented except by taking the appropriate court action.i. When it involves the rule-making or quasi-legislative functions of an administrative agency.j. Administrative agency is in estoppel. k. Doctrine of qualified political agency.l. Subject of controversy is private land in land case proceedings. m. Blatant violation of due process.n. Where there is unreasonable delay or official inaction.o. Administrative action is patently illegal amounting to lack or excess of jurisdiction. p. Resort to administrative remedy will amount to a nullification of a claim.q. No administrative review provided for by law.r. Issue of non-exhaustion of administrative remedies rendered moot.s. In quo warranto proceedingst. Law expressly provides for a different review procedure.