Political and Public International Law › Administrative Law › Judicial Review of Administrative Action

2. Doctrine of Exhaustion of Administrative Remedies

Applicability of the Doctrine

EXERCISE OF QUASI- JUDICIAL FUNCTION EXERCISE OF RULE- MAKING POWER
When an administrative agency acts in its quasi-judicial capacity, a party generally must exhaust available administrative remedies before seeking judicial relief. (Smart Communications v. NTC, G.R. No. 151908, 2003) However, if the rule or regulation was issued pursuant to the administrative agency’s quasi-legislative (or rule- making) function, a party need not exhaust administrative remedies. The determination of whether a specific rule or set of rules issued by an administrative agency contravenes the law or the constitution is within the jurisdiction of the regular courts. (Id.)

Authorities

  • Smart Communications, Inc. v. National Telecommunications Commission, G.R. No. 151908, 12 August 2003