EXHAUSTION OF ADMINISTRATIVE REMEDIES -Whenever there is an available administrative remedy provided by law, no judicial recourse shall be made unless

all administrative remedies have been availed of or exhausted DOCTRINES: 1. Doctrine of Prior Resort/Primary Administrative Jurisdiction matter -there is jurisdiction vested upon administrative body to act upon a matter no resorts from courts shall be made before administrative body has acted on the matter. 2. Doctrine of Finality of Administrative Action/Doctrine of Ripeness -no resort to counts shall be allowed unless administrative actions have been completed and there is nothing left to be done in administrative structure. 3. Judicial Relief from Threatened Administrative Action -courts will not render a decree in advance with administrative action and thereby render such action nugatory. -court cannot stop an administrative officer from performing his statutory duty for fear that he will perform it wrongly. -jurisdiction not affected but the complaint shall EXCEPTIONS TO EXHAUSTION: 1. Doctrine of Qualified Political Agency/Alter-Ego Doctrine 2. Where the administrative remedy is fruitless 3. Where there is estoppel on the part of the administrative agency 4. When the issue is purely legal 5. Administrative action is patently illegal amounting to lack of jurisdiction 6. Delay or inaction 7. Irreparable injury 8. The law does not make exhaustion of administrative remedies a condition precedent to judicial recourse 9. The observants of the doctrine will result in the nullification of the claim 10. Special reason/cricumstances demanding immediate judicial action Bases of Judicial Review: 1. Constitution 2. Statutes 3. General Principles of law Methods Obtaining Judicial Review? 1. Statutory review vs. Non-Statutoryno express grant of law but can use common law remedies 2. Direct vs. Collateral Reviews a. Direct- attempt to question a judicial action to an administrative action for lack of jurisdiction or

grave abuse of discretion b. Collateral Reviews-asking other relief aside from the administrative action Questions that may be raised on Judicial Review 1. Question of law 2. Question of fact-misapprehension of fact Brandeis Doctrine of Assimilation of Fact -mix question of law and fact Guidelines: 1. Judicial Review is not trial de novo -provided that the fact finding of an admin is consistent with the law 2. It is not for the court to weigh conflicting evidence to determine credibility for that of administrative agency 3. Decisions of administrative agencies shall only be set aside when there is grave abuse of discretion