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RODRIGUEZ, JOANNA STEPHANIE P.

JD 2
Administrative Law | M 7 | 06:00 09:00 PM

1. The Doctrine of Primary Jurisdiction and the Doctrine of Exhaustion of Administrative Remedies
are compared and contrasted as follows:

DOCTRINE OF EXHAUSTION OF
DOCTRINE OF PRIMARY JURISDICTION
ADMINISTRATIVE REMEDIES

Requires that a plaintiff should first seek


relief in admin proceedings before he seeks A recourse through a court action cannot
a remedy in court, even though the matter is prosper until all remedies have been exhausted
properly presented to the court, which is at the administrative level.
within its jurisdiction.

Case is originally cognizable by the regular


courts although some issues are referred to Case is cognizable by the administrative bodies
the administrative bodies for determination. before the case can be forwarded to the courts.

In case of non-compliance: In case of non-compliance:

Case is not dismissed but only suspended. Case is dismissed not for lack of jurisdiction
but under the ground of non-compliance of a
condition precedent, under Sec. 1, par. J, Rule
16 of the Rules of Court.

Lateral Trust: from the court to the Vertical Pattern of Trust


administrative agency

2. In the case of Republic of the Philippines v. Lacap,[43] the Court enumerated the numerous
exceptions to the doctrine of exhaustion of administrative remedies, namely:

(a) Where there is estoppel on the part of the party invoking the doctrine;
(b) Where the challenged administrative act is patently illegal, amounting to lack of jurisdiction;
(c) Where there is unreasonable delay or official inaction that will irretrievably prejudice the
complainant;
(d) Where the amount involved is relatively so small as to make the rule impractical and
oppressive;
(e) Where the question involved is purely legal and will ultimately have to be decided by the
courts of justice;
(f) Where judicial intervention is urgent;
(g) Where the application of the doctrine may cause great and irreparable damage;
(h) where the controverted acts violate due process;
(i) Where the issue of non-exhaustion of administrative remedies has been rendered moot;
(j) Where there is no other plain, speedy and adequate remedy;
(k) Where strong public interest is involved; and
(l) In quo warranto proceedings.