Practice question
An agency issues an act that is stipulated to be patently beyond its jurisdiction. In a proper judicial proceeding, the claimant establishes the recognized patent-illegality exception. The respondent insists that every legal defect, however jurisdictional and patent, must first await an ineffective internal process. Which is correct?
- Every jurisdictional defect is conclusively cured by agency delay
- A party can create jurisdiction by private consent
- The only exception is personal dislike
- The established lack-of-jurisdiction exception defeats the claimed absolute exhaustion bar, without itself deciding every requested remedy
- Judicial intervention automatically makes all future agency acts void
Legal references
- Pimentel III v. House of Representatives, G.R. Nos. 274778, 275405 and 276233, December 3, 2025, main decision: https://lawphil.net/judjuris/juri2025/dec2025/gr_274778_2025.html
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