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