Fauni, Katrizia Cerize Guide Questios No.

3
Admin and Election Law Atty. Bilang

Guide Questions #3 (for March 27, 2021)

1. What is the doctrine of primary jurisdiction?

In the doctrine of primary jurisdiction, 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

Moreover, 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 latter’s expertise, and does not amount to ouster of the court

2. What is the doctrine of exhaustion of administrative remedies?

According to this Doctrine, 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.
Moreover, one of the reasons for exhaustion of administrative remedies is our
well-entrenched doctrine on separation of powers, which enjoins upon the Judiciary a
becoming policy of non-interference with matters falling primarily (albeit not exclusively)
within the competence of other departments
3. What is the difference between the two doctrines?
The difference between the Doctrine of Primary Jurisdiction and Exhaustion of
Administrative Remedies are as follows:
When it comes to the Jurisdiction of the Court, in the exhaustion of administrative
remedies, it is the appellate court while in the doctrine of primary jurisdiction is the
Concurrent Original Jurisdiction with Admin Body,
As to the ground for non- exercise of jurisdiction, in the exhaustion of Admin
Remedies, exhaustion of administrative remedy a condition precedent. On the other
hand, in the primary jurisdiction, the court yields to the jurisdiction of the administrative
agency because of its specialized knowledge or expertise.
Lastly, as to the Court action, in the exhaustion of Admin Remedies, the court
action is dismissed. In the primary jurisdiction, it suspend Judicial Action.

4. When are the instances when the doctrine of exhaustion of administrative remedies
would not be applied?

It would not be applied to the following cases:

1. Grave abuse of discretion;

2. Pure question of law; or
3. No other plain, speedy, and adequate remedy.

5. What are the various ways to seek judicial review of administrative acts?

One way to seek judicial review is Petition for review under Rule 43 of the Rules
of Court with the Court of Appeals.

The second paragraph of Sec. 14, R.A. 6770, which states that “no court shall
hear any appeal or application for remedy against the decision or findings of the
Ombudsman, except the Supreme Court, on pure question of law,” is unconstitutional.
Fauni, Katrizia Cerize Guide Questios No. 3
Admin and Election Law Atty. Bilang

Effectively, Congress increased the appellate jurisdiction of the Supreme Court without
its advice and concurrence. By confining the remedy to a Rule 45 appeal, the provision
takes away the remedy of certiorari, grounded on errors of jurisdiction, in denigration of
the judicial power constitutionally vested in courts

6. What is the general scope, and what are the general limitations, of judicial review of
administrative decisions?

In general, Judicial review may be granted or withheld as Congress chooses,

except when the Constitution requires or allows it. Thus, a law may provide that the
decision of an administrative agency shall be final and not reviewable and it would still
not offend due process.

7. Which cases can be appealed via Rule 43 of the Rules of Court? What needs
to be done to perfect the appeal?

Rule 43 of the Rules of Court provides that the Court of Appeals shall have
appellate jurisdiction over awards, judgments, final orders or resolutions of or authorized
by any quasi-judicial agency in the exercise of its quasi-judicial functions.
The Bangko Sentral ng Pilipinas (BSP) Monetary Board is a quasi-judicial agency
exercising quasijudicial powers or functions. The Court of Appeals has appellate
jurisdiction over final judgments, orders, resolutions or awards of the BSP Monetary
Board on administrative complaints against banks and quasibanks. Nothing in R.A. 7653
or in R.A. 8791 explicitly allows an appeal of the decisions of the BSP Monetary Board to
the Court of Appeals. However, this shall not mean that said decisions are beyond
judicial review.

8. When can petitions for certiorari, prohibition, or mandamus be resorted to? What needs
to be done when filing these?

They can be resorted through Exhaustion of Administrative remedies. It should

be noted also in the prayer that the Exhaustion of Admin Remedies is done.

9. How will an administrative case reach the Supreme Court? What needs to be filed?

According to Rule 43 of the Rules of Court, an administrative case can reach the
Supreme Court through an Appeal.

Moreover, an ordinary appeal should be filed before the CA. This is specifically
from quasi judicial to CA.