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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWIX. ADMINISTRATIVE LAWE. Exhaustion of Administrative Remedies

Question

IX. ADMINISTRATIVE LAW: Topic: E. Exhaustion of Administrative Remedies

1. Mr. Garcia, a government employee, was terminated from his position due to alleged violation of office rules. Dissatisfied with the decision, Mr. Garcia decides to file an appeal directly to the court, without exhausting any available administrative remedies. Discuss the consequences of Mr. Garcia's failure to exhaust administrative remedies in contesting his termination.

2. ABC Corporation filed a petition for preliminary injunction with a regional trial court to prevent the implementation of an administrative order issued by a government agency. The court denied the petition, stating that ABC Corporation failed to exhaust administrative remedies before seeking judicial intervention. Analyze the legal basis for requiring the exhaustion of administrative remedies before resorting to court action.

3. Ms. Santos, a resident of a rural barangay, has concerns regarding the environmental impact of a proposed mining operation in her area. She decides to directly bring her complaint to the Supreme Court through a petition for a writ of kalikasan, bypassing the administrative agencies with jurisdiction over the matter. Examine the implications of Ms. Santos' failure to exhaust administrative remedies in seeking environmental protection.

  1. Explain the doctrine of exhaustion of administrative remedies and its underlying principles.
  2. Discuss the exceptions to the exhaustion of administrative remedies doctrine.
  3. Enumerate the benefits and purposes served by requiring the exhaustion of administrative remedies.



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Bar Review Question: IX. ADMINISTRATIVE LAW: Topic: E. Exhaustion of Administrative Remedies