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Topic: Doctrine of Primary Jurisdiction

is the administrative finding of guilt. e. none of the


1. The following are valid exceptions to the doctrine of above.
primary jurisdiction, except:
Answer. C.
a. the DENR Undersecretary denied the Motion for 3. Where the administrative action is patently illegal,
Reconsideration in behalf of the DENR Secretary.
amounting to lack or excess of jurisdiction, the Supreme
b. where appeal had already been made to the President Court said that the Commissioner of the National Police
and, before the President could act on the appeal, the Commission who denied petitioner's appeal to the DILG
Secretary acted in a patently illegal manner because:
same was withdrawn.
c. when the President does not act upon the appeal
submitted to its office, and the Philippine Coconut
Authority, pursuant to the resolution subject of the
appeal, continued to issue certificates of registration
indiscriminately.

a. only the DILG Secretary could act on the appeal and


that the National Police Commission, being a collegial
body, cannot be bound by the act of an individual
Commissioner.

b. either the DILG Secretary or the National Police


Commission could act on the appeal, and the latter,
d. all of the above e. none of the above
having been given no notice that the DILG Secretary
Answer: B.
would act on the appeal, was divested of its concurrent
2. Petitioner is found administratively guilty for immoral jurisdiction over the matter.
or disgraceful conduct. He does not dispute such finding. c. only the courts can solve the appeal as it has the
However, he questions the penalty imposed for he competent jurisdiction to act on matters involving patent
claims that he should only be suspended and not nullity.
dismissed from the service. He must:
d. B and C only e. none of the above.
a. appeal to the Office of the President because the
issue of what penalty to be imposed is a question of Answer: A.
fact.
4. Does the doctrine of exhaustion of administrative
b. question his dismissal and present more evidence in remedies apply when the case filed in court is a civil
the administrative agency that found him administratively action for damages?
guilty.

a. Yes, because even if there is a civil aspect of the


c. file an action in the judicial court because the issue case, the administrative action must still proceed in the
administrative agency simultaneously with the civil case
of what penalty to be imposed is a question of law.
in the judicial court.
d. forego any appeal or action because what is material

b. Yes, because the court's concern is whether or not


damages, personal to the plaintiff, were caused by the
acts of the defendants, hence it can proceed
independently of the administrative action.
c. No, because even if there is a civil aspect of the
case, the administrative action must still proceed in the
administrative agency simultaneously with the civil case
in the judicial court.
d. No, because the court's concern is whether or not
damages, personal to the plaintiff, were caused by the
acts of the defendants, hence it can proceed
independently of the administrative action. e. It
depends.
Answer: D