1. Explain the Doctrine of Exhaustion of
Court of
Administrative Remedies. Give at least three
exceptions to its application. (2000)
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 vs. Court of Appeals, 165 SCRA 344
(1988)
EXCEPTIONS
 Pure Question of Law
 Agency is estopped
 Act is patently illegal
 Urgent need for judicial intervention
 Small Claims
 Irreparable Damage will be suffered
 No other plain, speedy, and adequate
 remedy
 Strong public interest
 Private Land
 Quo Warranto
2. Should the motion to dismiss on the ground
of failure to exhaust administrative remedies be
granted? (2004)
So the rule is you have to exhaust these remedies
plus complete the process. If this is not complied
with, it may be susceptible, meaning your cause of
action in court not complying with this one, to
motion to dismiss for failure to comply with a
condition precedent, or at the very least, failure to
state your cause of action. So the case will be
dismissed.
3. Distinguish the doctrine of primary
jurisdiction from the doctrine of exhaustion of
administrative remedies. (1996)
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.
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.
4. Does the failure to exhaust administrative
remedies before filing a case in court oust said
court of jurisdiction to hear the case? (1996)
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.
5. Full Text of Question:
For being notoriously undesirable and recidivist,
Jose Tapulan, an employee in the first level of
the career service in the Office of the
Provincial Governor of Masbate, was dismissed
by the Governor without formal investigation
pursuant to Section 40 of the Civil Service
Decree (P.D. No. 807) which authorizes
summary proceedings in such cases. As a lawyer
of Jose what steps, if any, would you take to
protect his rights?
Suggested Answer:
As lawyer of Jose, what steps, if any, would you
take to protect his rights? (1991)
Section 40 of the Civil Service Decree has been
repealed by republic Act No. 6654. As a lawyer of
Jose Tapulan, I will file a petition for mandamus to
compel his reinstatement. In accordance with the
ruling in Mangubat vs. Osmeña, G.R. No. L-12837,
April 30, 1959, there is no need to exhaust all
administrative remedies by appealing to Civil
Service Commission, since the act of the governor
is patently illegal.
6. Give the two (2) requisites for the judicial
review of administrative decisions/actions, that
is, when is an administrative action ripe for
judicial review? (2001;1998)
1. The administrative action has already been fully
completed and, therefore, is a final agency action;
and
2. All administrative remedies have been
exhausted. (Gonzales, Administrative Law, Rex
Bookstore: Manila, p. 136 (1979).
7. Are GOCCs within the scope and meaning of
the “Government of the Philippines?” (1997)
Section 2 of the Introductory Provisions of the
Administrative Code of 1987 defines the
government of the Philippines as the corporate
governmental entity through which the functions
of government are exercised throughout the
Philippines, including, save as the contrary appears
from the context, the various arms through which
political authority is made effective in the
Philippines, whether pertaining to the autonomous
regions, the provincial, city, municipal or barangay
subdivisions or other forms of local government.
Government-owned or controlled corporations are
within the scope and meaning of the Government of
the Philippines if they are performing
governmental or political functions.
8. When the President abolished certain offices
in the government, it was questioned for being
an encroachment of legislative powers and
therefore void. Is the contention valid? (2003)
MABALOT vs DOTC –
President has the continuing authority to
reorganize under the General Appropriations Act
(GAA). Even if such authority is a pro-forma
provision in every GAA, it is still Congress saying
and recognizing that the President has such power.
Reorganization may include the abolition of an
office or it may not.
9. The harbour pilots then filed a suit to have
the new MARINA rules and regulations declared
unconstitutional for having been issued without
due process. Decide the case. (2000)
t’s Quasi – Legislative but rate – fixing because it
involves fees. What’s important here is that this is
an application of CIR vs. CA that generally, no
notice of hearing required for Quasi-Legislative
Rules. Exception would be:
1. Required by law
2. It ADDS BURDEN to those affected
10. The Secretary of the Department of
Transportation reversed a decision of the
LTFRB. The Office of the President set aside
the decision of the Secretary. A case was filed
in the Court of Appeals on Certiorari questioning
the decision of the Office of the President on
the ground that it has no jurisdiction over the
case in the absence of any law providing for an
appeal from the DOTC to the Office of the
President. Will the case prosper? (2011)
Full Text:
Jax Liner applied for a public utility bus service
from Bacolod to Dumaguete from the Land
Transportation Franchising and Regulatory Board
(LTFRB). BB Express opposed. LTFRB ruled in
favor of Jax. BB appealed to the Secretary of
the Department of Transportation and
Communication (DOTC), who reversed the LTFRB
decision. Jax appealed to the Office of the
President which reinstated the LTFRB’s ruling.
BB Express went to the Court of Appeals on
certiorari questioning the decision of the Office
of the President on the ground that Office of
the President has no jurisdiction over the case
in the absence of any law providing an appeal
from DOTC to the Office of the President. Will
the petition prosper?
(A) No, exhaustion of administrative remedies up
to the level of the President is a pre-requisite to
judicial recourse.
(B) No, the action of the DOTC Secretary
bears only the implied approval of the President
who is not precluded from reviewing the decision
of the former.
(C) Yes, when there is no law providing an appeal to
the Office of the President, no such appeal may be
pursued.
(D) Yes, the doctrine of qualified political agency
renders unnecessary a further appeal to the
Office of the President.
See also Page 12 of Admin Law Notes from USC
(not sure)
11. When is an administrative rule that fixes
rates valid? (2010; 2011)
2012 BAR EXAMS
Under the Administrative Code, in the fixing of
rates, no rules or final order shall be valid unless:
a. the proposed rates shall have been submitted to
the U.P. Law Center for publication at least two
weeks before the first hearing thereon;
b. the proposed rates shall have been published in
the Official Gazette at least two weeks before
the final hearing thereon;
c. the proposed rates shall have been published
in a newspaper of general circulation at least
two weeks before the first hearing thereon;
d. the proposed rates shall have been published in
a newspaper of general circulation at least two
weeks before the final hearing thereon.
SUGGESTED ANSWER:
(C) Section 9(2), Chapter 2, Book Vii of
Administrative Code
12. The Secretary of Agriculture issued a
regulation imposing the penalty of imprisonment
for ten days. Is the regulation valid? (2011)
Full Text:
A law authorized the Secretary of Agriculture
to require the quarantine of animals that suffer
from dangerous communicable diseases at such
place and for such time he deems necessary to
prevent their spread. The Secretary of
Agriculture issued a regulation, imposing a
penalty of imprisonment for 10 days on persons
transporting quarantined animals without his
permission. The regulation is
(A) a valid exercise of the power of subordinate
legislation.
(B) invalid for being ultra vires.
(C) a valid exercise of police power.
(D) invalid for being discriminatory.
13. Which one of the following theories does
not support valid delegation of authority by
Congress to an administrative agency? (2010)
Which one of the following theories does not
support the valid delegation of authority by the
Congress to an administrative agency:
a. an administrative agency may "fill up the details"
of a statute;
b. the legislature may leave to another body the
ascertainment of facts necessary to bring the law
into actual operation;
c. an administrative agency has equal expertise
with the legislature in crafting and implementing
laws;
d. contingent legislation.
14.“Substantial evidence” in administrative
proceedings mean _____? (2010)
Substantial evidence is more than a mere scintilla
of evidence. It means such relevant evidence as a
reasonable mind might accept as adequate to
support a conclusion, even if other minds equally
reasonable might conceivably opine otherwise.
15. Under the Administrative Code, which of
the following does not come under the definition
of a “rule”? (2010)
Which one of the enumeration below does not
come under the Administrative Code definition
of a "rule":
a. agency statement of general applicability that
implements or interprets a law;
b. fixes and describes the procedures in or
practice requirements of, an agency;
c. includes memoranda and statements concerning
internal administration;
d. an agency process for the formulation of a
final order.
16. Under the Administrative Code,
“adjudication” means ______. (2010)
Under the Administrative Code, "adjudication"
means:
a. whole or any part of any agency permit,
certificate, or other form of permission, or
regulation of the exercise of a right or privilege;
b. an agency process for the formulation of a
final order;
c. agency process for the formulation, amendment,
or repeal of a rule;

d. agency process involving the grant, renewal,

denial, revocation or conditioning of a license.