MATRIX OF ADMINISTRATIVE PROCEEDINGS DOCTRINES

DOCTRINE
Primary
Jurisdiction
(prior resort)

Exhaustion of
Administrative
Remedies

MEANING
a. Competence or
jurisdiction is
vested upon an
administrative
body to act
upon a matter;

FUNCTION

b. No resort to
courts may be
made before
such
administrative
body shall have
acted on the
matter

Determines who
initially decides

APPLICATION

a. take
advantage of
administrativ
e expertness;
Adjudicatory
function

a. there is an
available
administrative
remedy
provided by
law;

a. interest of
plaintiff is
subjected to or
imminently
threatened
with
substantial
injury

b. attain
uniformity of
application of
regulatory
laws

a. obviate
resort to
courts

Determines
Adjudicatory
b. no judicial
timing of judicial
function
recourse can be review
made until all
such remedies
have been
availed of and
exhausted
Ripeness for
Review

RATIONALE

Determines
timing of judicial Rule-making
review
function

b. give agency
chance to
correct its
error
c. principle of
comity and
convenience

a. prevent
premature
adjudication
b. protection
from judicial
interference

ADMINISTRATIVE REMEDIES
GENERAL RULE

EXCEPTIONS
(P3-N3-QCISE)

EXHAUSTION resort first to appropriate administrative authorities in

the resolution of controversy falling under their jurisdiction before the
same may be elevated to courts of justice for review
1. Administrative remedy is PERMISSIVE only (Corpuz vs. Cuaderno)
2. Where the issue involved is PURELY legal question (Madrigal vs.
Licaro)
3. PATENTLY illegal act of administrative body (Azur v Prov. Treas.;
Cabada vs. Alunan)
4. NO administrative order yet (Datiles v Sucaldito)
5. NO other plain, speedy or adequate remedy in the ordinary course
of law (NFA vs. CA)
6. NULLIFICATION of claim being asserted (Gravador v Mamigo)
7. Doctrine of QUALIFIED political agency (alter ego) is applicable
(Almine vs. CA)
8. Issue raised is the CONSTITUTIONALITY of the statute under
which the administrative agency acts (SMART vs. NTC)
9. IRREPARABLE damage or injury will be suffered by a party unless
resort to court is immediately made (UP Board vs. Razul)
10. STRONG public interest is involved (Arrow Transportation v
BOTC)
11. Where there is ESTOPPEL on the part of the party invoking the
doctrine (Tan v Veterans)