ELECTION LAW A.Political Parties Purpose For Registration of Political Parties 1. To acquire juridical personality 2.

To accreditation, qualify for

sub)ersi)e in nature or purpose, or does not recogni,e the Constitution, or being supported by a foreign go)ernment. Political Party $ection -& of the 1.%/ !lection Code and $ection 2 of the 1.01 !lection Code defined a political party as 1an organi,ed roup of person pursuing the same political ideals in a go)ernment and ncludes its branches and di)isions..2 the 1.0!lection Code adopted the forequoted definition by pro)iding in $ection 1.. that 1any other group of persons pursuing the same political ideals in the go)ernment may register with the Commission and be entitled to the same right and pri)ileges.2 3eronimo ). CO !"!C, 1.-1' Bernas Primer at 404 (2006 ed.) One candidate per party for eac Political Party

3. To be entitled to the rights of political parties, a political party must be registered with the CO !"!C #$ection %&, Omnibus !lection Code' Reason for presentation of platforms and programs. (t is essential that political parties present their programs and platforms of go)ernment for the information of the electorate whose support they are see*ing as otherwise the )oters may not properly and intelligently e+ercise their suffrages. This rule will also enable the Commission to determine if the party see*ing registration is not entitled thereto because it is a religious group, or is

The $C annulled the CO !"!C resolution di)iding the "45 into 1wings2, each of which nominate candidates for e)ery electi)e position and be entitled to representation in the election committees that the CO !"!C create. The Court declared that the electoral process en)isions one candidate from a political party for each position, and disunity and discord amongst members of a political party should not be allowed to create a moc*ery thereof. 6y according both wings representation in the election committees, the CO !"!C has eroded the significance of political parties and effecti)ely di)ided the opposition. #"45 ). CO !"!C' Bernas Primer at 405 (2006 ed.) !. Campaign Election Period Campaign Period. ".

Election period refers to the period of time needed for administering an election. (t can thus go beyond the date for the casting of ballots. Bernas Commentary, p 1062 (2003 ed). Campaign period refers to the period of acti)e solicitation of )otes. This may be set by the legislature for a period less than the election period. Bernas Commentary, p 1062 (2003 ed). Campaign period cannot extend beyond the election day. Note#the $C upheld the )alidity of $ection 32, 7esolution 8o. %/2&, pro)iding that all materials showing the picture, image or name of a person, and all ad)ertisements on print, in radio or on tele)ision showing the image or mentioning the name of a person, who subsequent to the placement or display thereof becomes a candidate for public office shall be immediately remo)ed, otherwise the

person and the radio station shall be presumed to ha)e conducted premature campaigning in )iolation of $ection -& of the Omnibus !lection Code. $ C a"e% ". Comelec&'(()* Note# The power to regulate media during 1election period2 also e+tend to the period of plebiscite or referendum. Of essence to plebiscite and referenda is 1fair submission.2 oreo)er, the formulation of the Constitution is more important in a sense than choice of men who will implement that charter. !)idently, therefore, regulatory power during the period of plebiscite or referendum, is also intended. #9nido ). CO !"!C, 1.-1' C. +urisdiction in Election La, +urisdiction in"ol"ing -elections& returns& and .ualifications/ of candidates Congressional Candidate# Once a winning candidate has been proclaimed, ta*en

his oath, and assumed office as a ember of the :ouse of 7epresentati)es, CO !"!C;s jurisdiction o)er election contests relating to his election, returns and qualifications ends, and the :7!T2s own jurisdiction begins. #<ggabao ). CO !"!C, 2&&/' 0unicipal Offices# (n the case of municipal offices= e)en if the case began with the CO !"!C before proclamation before the contro)ersy is resol)ed, it ceases to be a preproclamation contro)ersy and becomes a contest cogni,able by the Court of >irst (nstance. Bernas Primer at 396 (2006 ed.) 1ifference 2et,een t e 3urisdiction of t e CO0ELEC 2efore t e proclamation and its 3urisdiction after proclamation The difference lies in the due process implications. CO !"!C;s jurisdiction o)er a preproclamation contro)ersy is administrati)e or

quasijudicial and is go)erned by the less stringent requirements of administrati)e due process #although the $C has insisted that question on 1qualifications2 should be decide only after a full?dress hearing'. CO !"!C;s jurisdiction o)er 1contests2 is judicial and is go)erned by the requirements of judicial process. :ence, e)en in the case of regional or pro)incial or city offices, it does ma*e a difference whether the CO !"!C will treat it as a preproclamation contro)ersy or as a contest. Bernas Primer at 391 (2006 ed.)

LOCAL 4O5ERN0ENT A.0unicipal Corporations Form of go"ernment local

The present form consists of an e+ecuti)e distinct from the legislati)e

body. Bernas Primer at 416 (2006 ed.) 6ignificance 6ection 7 of

and resources for purposes commonly beneficial to them in accordance with law. 6ignificance 6ection 7) The of

The constitutional significance of $ection 1 is that pro)inces, cities and municipalities and barangays ha)e been fi+ed as the standard territorial and political subdi)isions of the 5hilippines. This manner of subdi)iding the 5hilippines cannot go out of e+istence e+cept by a constitutional amendment. Bernas Primer at 413 (2006 ed.) 6ignificance 6ection 78 of

"ocal go)ernment units may group themsel)es, consolidate or coordinate their efforts, ser)ices,

5resident shall pro)ide for regional de)elopment councils or other similar bodies composed of local go)ernment officials, regional heads of departments and other go)ernment offices, and representati)es from non? go)ernmental organi,ations within the regions for purposes of administrati)e decentrali,ation to strengthen the autonomy of the units therein and to accelerate the economic and social growth and

de)elopment of the units in the region. Note#The purpose of this pro)ision is to foster administrati)e decentrali,ation as a complement to political decentrali,ation. This is meant to allow bottom?to?top planning rather than the re)erse. Bernas Commentary, p 1098 (2003 ed). (t will be noted that the power to form these de)elopment councils is gi)en to the 5resident. :e does not need authori,ation from Congress. Bernas Commentary, p 1098 (2003 ed). Principal 4uidelines 4i"en to Congress for structuring L49s are#

1. That the structure must be 1responsi)e and accountable2 and 1instituted though a system of decentrali,ation.2 2. The structure must be both sensiti)e to the needs of the locality, accountable to the electorate of the locality, and freed as much as possible from central go)ernment interference. Bernas Commentary, p 1081 (2003 ed). !. Principles of Local Autonomy (t is meant to free local go)ernments from the well?nigh absolute control by the legislature which characteri,ed local go)ernment under the 1.3/

Constitution. Thus, although a distinction is made between local go)ernments in general and autonomous regions, e)en those outside the autonomous regions are supposed to enjoy autonomy. Bernas Primer at 414 (2006 ed.) "ocal autonomy means more than just decentrali,ation. 6ut the concept of autonomy is relati)e. <utonomy for local go)ernments in general will be less than for the autonomous regions. Bernas Commentary, p 1077 (2003 ed). :owe)er, e)en as we recogni,e that the Constitution guarantees autonomy to local go)ernment units, the e+ercise of local autonomy remains

subject to the power of control by Congress, and the power of general super)ision by the 5resident. #@udge 4adole ). CO<, 2&&2' Autonomy 1ecentrali%ation and

<utonomy is either decentrali,ation of administration or decentrali,ation of power. There is decentrali,ation of administration when the central go)ernment delegates administrati)e powers to political subdi)isions in order to broaden the base of go)ernmental power an in the process to ma*e local go)ernments more responsi)e and accountable and ensure their fullest de)elopment as self?reliant

communities and ma*e them more effecti)e partners in the pursuit of national de)elopment and social progress. <t the same time it relie)es the central go)ernment of the burden of managing local affairs and enables it to concentrate on national concernsA

4ecentrali,ation of power on the other hand, in)ol)es an abdication of political power in fa)or of local go)ernment units declared to be autonomous. (n that case the autonomous go)ernment is free to chart its own destiny and shape its future with minimum

inter)ention from central go)ernment authorities. <ccording to a constitutional author, decentrali,ation of power amounts to 1self? immolation,2 since in that e)ent, the autonomous go)ernment becomes accountable not to the central authorities but to its constituency. #"imbona ). Conte iguelin, 1.-. citing 6ernas, 6rewing the $torm O)er <utonomy' Bernas Primer at 414 (2006 ed.) Article : 6ection 7;. There shall be created autonomous regions in uslim indanao and in the Cordilleras

consisting of pro)inces, cities, municipalities, and geographical areas sharing common and distincti)e historical and cultural heritage, economic and social structures, and other rele)ant characteristics within the framewor* of this Constitution and the national so)ereignty as well as territorial integrity of the 7epublic of the 5hilippines. Reasons !e ind Creation Autonomous Regions t e of

contribute effecti)ely national progress.

more to

2. To furnish possible solution to the regional conflicts that ha)e arisen partly from cultural di)ersity. Bernas Primer at 433 (2006 ed.) Note# <n autonomous region is organi,ed 1within the framewor* of this constitution and the national so)ereignty.2 (t is not an independent nation within the nation. Bernas Primer at 434 (2006 ed.) Areas forming part of Autonomous Region Only those areas which )ote in fa)or of the Organic <ct. <nd since the Constitution spea*s of 1pro)inces,2 an

1. The creation of a situation which will allow each culture to flourish unhampered by the dominance of other cultures and thereby to

autonomous region has to consist of more than one pro)ince. Note# areas which did not )ote fa)ourably will remain in the administrati)e region to which they belong # <bbas ). Comelec 1.-.' Note# Constituent units which )oted negati)ely in the first plebiscite may join the autonomous region through a subsequent plebiscite. Bernas primer at 436 (2006 ed.)

respect to component cities and municipalities, and cities and municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions. Po,er of 6uper"ision 4eneral

President<s 6uper"ision

4eneral

6ection ). The 5resident of the 5hilippines shall e+ercise general super)ision o)er local go)ernments. 5ro)inces with

The power of general super)ision is the power of a superior officer to see to it that the lower officers perform their functions in accordance with law. (t does not include the power to substitute one;s judgment for that of a lower officer in matters where a lower officer has )arious legal

alternati)es to choose from. Bernas Primer at 418 (2006 ed.) 8oteB The $ecretary of 4("3 cannot annul the election of officers of federation of barangay officials. $uch annulment would amount to control and in e+cess of e+ecuti)e super)isory powers. # Taule ). $ecretary $antos 1..1' C. Po,ers of Local 4o"ernement 9nits Ta=ing Po,er 6ources of Funds of Local 4o"ernment 1. 2. 3. "ocal ta+es, and charges= (ts share in national ta+es= fees the

within their respecti)e areas= C. Other 1sources of re)enues2 which they may legitimately ma*e use of either in their public or go)ernmental capacity, or pri)ate or proprietary capacity. Bernas Primer at 423 (2006 ed.)

6cope of t eir po,er to le"y ta=es& fees& and c arges They are subject to such guidelines and limitations as Congress may pro)ide. :owe)er, such guidelines and limitations to be imposed by Congress must not be such as to frustrate the 1basic policy of local autonomy.2 Bernas Primer at 423 (2006 ed.)

(ts share in the proceeds of the utili,ation of national resources

Note# The national go)ernment has no share from such ta+es, fees and charges collected by "39. Bernas primer at 423 (2006 ed.)

LAW ON P9!LIC OFFICER6 A. 4eneral Principles Pu2lic Trust. Office as Pu2lic

The basic idea of go)ernment in the 5hilippines is that of a representati)e go)ernment the officers being mere agents and not rulers of the peopleA

where e)ery officer accepts office pursuant to the pro)isions of law and holds the office as a trust for the people whom he represents. #@ustice alcom in Cornejo ). 3abriel, C1 5hil 1--, 1.2&' Bernas Primer at 440 (2006 ed.) Note# !)en if the public officer is independently wealthy, he should not li)e in a manner that flaunts wealth. 6ernas 5rimer at CC& #2&&% ed.' !. Accounta2ility Pu2lic officers of

punishable offense. Bernas Primer at 442 (2006 ed.) Penalty The penalty which may be imposed 1shall not e+tend further than remo)al from office and disqualification to hold any office under the 7epublic.2 Bernas Primer at 442 (2006 ed.) This penalty is beyond the reach of the 5resident;s power of e+ecuti)e clemency, but does not place the officer beyond liability to criminal prosecution. #Dhen criminally prosecuted, therefore, for the offense which warranted his con)iction on impeachment, the officer cannot plead the defense of double jeopardy.' Bernas Primer at 442 (2006 ed.) Om2udsman Claim of Confidentiality !)en the claim of confidentiality will not pre)ent the Ombudsman from demanding the production of documents needed for the

Purpose of Impeac ment The purpose of impeachment is not to punish but only to remo)e an officer who does not deser)e to hold office. Bernas Primer at 442 (2006 ed.) !etrayal of Pu2lic Trust The 1.-0 Constitution has added 1betrayal of public trust,2 which means any form of )iolation of the oath of office e)en if such )iolation may not be criminally

in)estigation. Bernas Primer at 446 (2006 ed.) (n A monte !. "as#$e%, 1995, the Court said that where the claim of confidentiality does not rest on the need to protect military, diplomatic or other national security secrets but on general public interest in preser)ing confidentiality, the courts ha)e declined to find in the Constitution an absolute pri)ilege e)en for the 5resident. Bernas Primer at 447 (2006 ed.) oreo)er, e)en in cases where matters are really confidential, inspection can be done in camera. Bernas Primer at 447 (2006 ed.) Nature of 6andigan2ayan $andiganbayan is 8OT a constitutional court. (t is a statutory court= that is, it is created not only by the Constitution but by statute, although its creation is mandated by the Constitution. Bernas Primer at 443 (2006 ed.) Ill>gotten Wealt

6ection 7;. The right of the $tate to reco)er properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel. This pro)ision applies only to ci)il actions for reco)ery of ill? gotten wealth and not to criminal cases. Thus, prosecution of offenses arising from, relating, or incident to, or in)ol)ing ill? gotten wealth in the said pro)ision may be barred by prescription. #5residential <d? hoc >act >inding Committee on 6ehest "oans ). 4esierto, 1...'

A10INI6TRATI5E LAW A. 4eneral Principles 1escri2e Administrati"e 7?@A t e Code of

The Code is a general law and 1incorporates in a unified document the major structural, functional and

procedural principles of go)ernance #Third Dhereas Clause, <dministrati)e Code of 1.-0' and 1embodies changes in administrati)e structures and procedures designed to ser)e the people.2 #>ourth Dhereas Clause, <dministrati)e Code of 1.-0' The Code is di)ided into se)en #0' boo*s. These boo*s contain pro)isions on the organi,ation, powers and general administration of departments, bureaus and offices under the e+ecuti)e branch, the organi,ation and functions of the Constitutional Commissions and other constitutional bodies, the rules on the national go)ernment budget, as well as guidelines for the e+ercise by administrati)e agencies of quasi?legislati)e and quasi? judicial powers. The Code co)ers both the internal administration, i.e., internal organi,ation, personnel and recruitment, super)ision and discipline, and the effects of the functions performed by administrati)e officials on pri)ate indi)iduals or parties

outside go)ernment. #Ople ). Torres, 3.7. 8o. 120%-/, @uly 23, 1..- E5unoF' 4o"ernment Repu2lic P ilippines. of of t e t e

The 3o)ernment of the 7epublic of the 5hilippines is a term which refers to the corporate go)ernmental entity through which the functions of go)ernment are e+ercised throughout the 5hilippine (slands, including, sa)e as the contrary appears from conte+t, the )arious arms through which political authority is made effecti)e in said (slands, whether pertaining to the central 3o)ernment or to the pro)incial or municipal branches or other form of local go)ernment. #$ection 2 of the 7e)ised <dministrati)e Code#1.10'.

On the national scale, the term 1go)ernment of the 5hilippines2 refers to the three great departments. On the local le)el, it means the

regional pro)incial, city municipal an barangay go)ernments. (t does not include go)ernment entities which are gi)en a corporate personality separate and distinct for the go)ernment and which are go)erned by the corporation law. <gency of the 3o)ernment refers to any of the )arious units of the 3o)ernment, including a department, bureau, office, instrumentality, or go)ernment?owned or controlled corporation, or a local go)ernment or a distinct unit therein. #$ec. 2ECF, (ntroductory 5ro)isions, !+ecuti)e Order 8o. 2.2' 4o"ernment Administration ".

1e +ure 4o"ernment one established by authority of the legitimate so)ereign. 1e Facto 4o"ernment one established in defiance of the legitimate so)ereign. (t actually e+ercises power or control without legal title. The go)ernment under Cory <quino and the >reedom Constitution is a de jure go)ernment. (t was established by authority of the legitimate so)ereign, the people. (t was a re)olutionary go)ernment established in defiance of the 1.03 Constitution. #(n 7e "etter of <ssociate @ustice 5uno, 21& $C7< /-. #1..2'. The go)ernment under 5resident 3loria acapagal <rroyo established after the ouster of 5resident !strada is de jure go)ernment. 6ernas 5rimer at . #2&&% ed.' Presidential Parliamentary go"ernment. form ". of

4o"ernment is the institution through which the state e+ercises power. Administration consists of the set of people currently running the institution. Bernas Commentary, p 44(2003 ed). 1e +ure ". 1e Facto

The presidential form of go)ernment;s identifying feature is what is called the

1separation of powers.2 Bernas Primer at 10 (2006 ed.) The essential characteristics of a parliamentary form of go)ernment areB 1. The members of the go)ernment or cabinet or the e+ecuti)e arm are, as a rule, simultaneously members of the legislature= 2. The go)ernment or cabinet consisting of the political leaders of the majority party or of a coalition who are also members of the legislature, is in effect a committee of the legislature= 3. The go)ernment or cabinet has a pyramidal structure at the ape+ of which is the 5rime inister or his equi)alent= C. The go)ernment or cabinet remains in power only for so long as it enjoys the support of the majority of the legislature= /. 6oth go)ernment and legislature are possessed of

control de)ices which each can demand of the other immediate political responsibility. (n the hands of the legislature is the )ote of non?confidence #censure' whereby go)ernment may be ousted. (n the hands of the go)ernment is the power to dissol)e the legislature and call for new elections. Bernas Primer at 11 (2006 ed.) !. Administrati"e agencies Agency <gency of the 3o)ernment refers to any of the )arious units of the 3o)ernment, including a department, bureau, office, instrumentality, or go)ernment?owned or controlled corporation, or a local go)ernment or a distinct unit therein. #$ec. 2ECF, (ntroductory 5ro)isions, !+ecuti)e Order 8o. 2.2' 1epartment 4epartment refers to an e+ecuti)e department created by law. >or purposes of 6oo* (G, this shall include any

instrumentality, as herein defined, ha)ing or assigned the ran* of a department, regardless of its name or designation. #$ec. 2E0F, (ntroductory 5ro)isions, !+ecuti)e Order 8o. 2.2' !ureau 6ureau refers to any principal subdi)ision or unit of any department. >or purposes of 6oo* (G, this shall include any principal subdi)ision or unit of any instrumentality gi)en or assigned the ran* of a bureau, regardless of actual name or designation, as in the case of department?wide regional offices. #$ec. 2E-F, (ntroductory 5ro)isions, !+ecuti)e Order 8o. 2.2' Office Office refers, within the framewor* of go)ernmental organi,ation, to any major functional unit of a department or bureau including regional offices. (t may also refer to any position held or occupied by indi)idual persons, whose functions are defined by law

or regulation. #$ec. 2E.F, (ntroductory 5ro)isions, !+ecuti)e Order 8o. 2.2' 4o"ernment Instrumentality < go)ernment instrumentality refers to any agency of the national go)ernment, not integrated within the department framewor*, )ested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, enjoying operational autonomy, usually through a charter. The term includes regulatory agencies, chartered institutions and go)ernment?owned or controlled corporations. #$ec. 2E1&F, (ntroductory 5ro)isions, !+ecuti)e Order 8o. 2.2' Regulatory Agency < regulatory agency refers to any agency e+pressly )ested with jurisdiction to regulate, administer or adjudicate matters affecting substantial rights and interest of pri)ate persons, the principal powers

of which are e+ercised by a collecti)e body, such as a commission, board or council. #$ec. 2E11F, (ntroductory 5ro)isions, !+ecuti)e Order 8o. 2.2' C artered Institution < chartered institution refers to any agency organi,ed or operating under a special charter, and )ested by law with functions relating to specific constitutional policies or objecti)es. This term includes state uni)ersities and colleges and the monetary authority of the $tate. #$ection 2E12F, (ntroductory 5ro)isions, !+ecuti)e Order 8o. 2.2' 4o"ernment>O,ned Controlled Corporation or

instrumentalities either wholly, or, where applicable as in the case of stoc* corporations, to the e+tent of at least fifty?one #/1' per cent of its capital stoc*= + + + #$ec. 2E13F, (ntroductory 5ro)isions, !+ecuti)e Order 8o. 2.2' 4o"ernment Controlled 1eemed proprietary 4o"ernment Controlled deemed go"ernmental O,ned or Corporation performing function. o,ned or Corporation performing functions.

3o)ernment?owned or controlled corporation refers to any agency organi,ed as a stoc* or non?stoc* corporation, )ested with functions relating to public needs whether go)ernmental or proprietary in nature, and owned by the 3o)ernment directly or through its

3o)ernment?owned or controlled corporations may perform go)ernmental or proprietary functions or both, depending on the purpose for which they ha)e been created. (f the purpose is to obtain special corporate benefits or earn pecuniary profit, the function is proprietary. (f it is in the interest of health, safety and for the ad)ancement of public good and welfare, affecting the public in general, the function is go)ernmental. 5owers classified as

1proprietary2 are those intended for pri)ate ad)antage and benefit. #6laquera ). <lcala, 2./ $C7< 3%%, C2/, $ept. 11, 1..-, !n 6anc E5urisimaF' C. Po,ers of Administrati"e agencies <dministrati)e power is concerned with the wor* of applying policies and enforcing orders as determined by proper go)ernmental organs. (t enables the 5resident to fi+ a uniform standard of administrati)e efficiency and chec* the official conduct of his agents. To this end, he can issue administrati)e orders, rules and regulations. #Ople ). Torres, 3.7. 8o. 120%-/, @uly 23, 1..- E5unoF' Administrati"e Order <n administrati)e order is an ordinance issued by the 5resident which relates to specific aspects in the administrati)e operation of go)ernment. (t must be in harmony with the law and

should be for the sole purpose of implementing the law and carrying out the legislati)e policy. #Ople ). Torres, 3.7. 8o. 120%-/, @uly 23, 1..E5unoF' 1elegation of rule>maBing po,ers Dhat is delegated to administrati)e bodies is not legislati)e power but rule? ma*ing power or law e+ecution. <dministrati)e agencies may be allowed either toB >ill up the details on otherwise complete statue or <scertain the facts necessary to bring a 1contingent2 law or pro)ision into actual operation. Po,er of 6u2ordinate Legislation. (t is the authority of the administrati)e body tas*ed by the legislature to implement laws to promulgate rules and regulations to properly e+ecute and implement laws.

1. +udicial re"ie,

recourse

and

1octrine of Primary +urisdiction $or Prior Resort*. Courts cannot and will not resol)e a contro)ersy in)ol)ing a question which is within the jurisdiction of an administrati)e tribunal, especially where the question demands the e+ercise of sound administrati)e discretion requiring the special *nowledge, e+perience and ser)ices of the administrati)e tribunal to determine technical and intricate matters of fact.

the claim requires the resolution of issues which, under a regulatory scheme, ha)e been placed within the special competence of an administrati)e body= in such case, the judicial process is suspended pending referral of such issues to the administrati)e body for its )iew.2 (n cases where the doctrine of primary jurisdiction is clearly applicable, the court cannot arrogate unto itself the authority to resol)e a contro)ersy, the jurisdiction o)er which is lodged with an administrati)e body of special competence. #Gillaflor ). C<, 2-& $C7< 2.0, Oct. ., 1..2, 3rd 4i). E5anganibanF' 1octrine of E= austion of Administrati"e Remedies 6efore a party is allowed to see* the inter)ention of the court, it is a pre?condition that he should ha)e a)ailed of all the means of administrati)e processes afforded him. :ence, if a remedy within the administrati)e machinery can still be resorted to by gi)ing

(n recent years, it has been the jurisprudential trend to apply this doctrine to cases in)ol)ing matters that demand the special competence of administrati)e agencies e)en if the question in)ol)ed is also judicial in character. (t applies 1where a claim is originally cogni,able in the courts, and comes into play whene)er enforcement of

the administrati)e officer concerned e)ery opportunity to decide on a matter that comes within his jurisdiction then such remedy should be e+hausted first before the court;s judicial power can be sought. The premature in)ocation of court;s jurisdiction is fatal to one;s cause of action. <ccordingly, absent any finding of wai)er or estoppel the case is susceptible of dismissal for lac* of cause of action. This doctrine of e+haustion of administrati)e remedies was not without its practical and legal reasons, for one thing, a)ailment of administrati)e remedy entails lesser e+penses and pro)ides for a speedier disposition of contro)ersies. (t is no less true to state that the courts of justice for reasons of comity and con)enience will shy away from a dispute until the system of administrati)e redress has been completed and complied with so as to gi)e the administrati)e agency concerned e)ery

opportunity to correct its error and to dispose of the case. This doctrine is disregarded D:!8 1. there is a )iolation of due process= 2. the issue in)ol)ed is purely a legal question= 3. the administrati)e action is patently illegal amounting to lac* or e+cess of jurisdiction= C. there is estoppel on the part of the administrati)e agency concerned= /. there is irreparable injury= %. when the respondent is a department secretary whose acts as an alter ego of the 5resident bears the implied and assumed appro)al of the latter= 0. to require e+haustion of administrati)e remedies would be unreasonable= -. it would amount nullification of a claim= to a

.. the subject matter is a pri)ate land in land case proceeding=

1&. the rule does not pro)ide a plain, speedy and adequate remedy, and 11. there are circumstances indicating the urgency of judicial inter)ention. #5aat ). C<, 2%% $C7< 1%0 E1..0F' Non>e= austion of administrati"e remedies is not 3urisdictional. (t only renders the action premature, i.e., claimed cause of action is not ripe for judicial determination and for that reason a party has no cause of action to )entilate in court. #Carale ). <barintos, 2%. $C7< 132, arch 3, 1..0, 3rd 4i). E4a)ideF'