Maria Ludica B.

Oja
JD 3 Administrative Law
I.

Difference between doctrine of primary jurisdiction and doctrine of

exhaustion of administrative remedies
PRIMARY JURISDICTION

EXHAUSTION OF ADMINISTRATIVE
AGENCIES

DEF: Under this principle, the courts

cannot or will not determine a controversy
involving question within the jurisdiction
of an administrative tribunal especially
where the question demands the exercise
of
sound
administrative
discretion
requiring special knowledge, experience
and services of the administrative tribunal
to determine technical and intricate
matters of facts.

DEF: This doctrine calls for resort first to

the appropriate administrative authorities
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.

Both deal with the proper relationships between the courts and administrative
agencies.
Applies where a case is within the Applies where a claim is cognizable in the
concurrent jurisdiction of the court and an first instance by an administrative alone
administrative
agency
but
the agency
determination of the case requires the
technical expertise of the administrative
agency.
Although the matter is within the Judicial interference is withheld until the
jurisdiction of the court, it must yield to administrative
process
has
been
the jurisdiction of the administrative case. completed

II.

1.
2.
3.
4.
5.

Exceptions to the application of the doctrine exhaustion of

administrative remedies.
Violation of Due process
When there is Estoppel on the part of the administrative agency concerned
When the issue involved is a purely Legal question
When there is Irreparable injury
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.