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B.) The following are the exceptions to the application of the doctrine of
exhaustion of administrative remedies:
1. The question involved is purely legal;
2. The administrative body is in estoppel;
3. The act complained of is patently illegal;
4. There is an urgent need for Judicial intervention;
5. The claim involved is small;
6. Grave and irreparable injury will be suffered;
7. There is no other plain, speedy and adequate remedy;
8. Strong public interest is involved;
9. The subject of the controversy is private law;
10. The case involves a quo warranto proceeding (Sunville Timber Products, Inc. v.
Abad. 206 SCRA 482 {1992);
11. The party was denied due process (Samahang Magbubukid ng Kapdula,
Inc. v. Court of Appeals, 305 SCRA 147 [1999]);
12. The decision is that of a Department Secretary. (Nazareno v. Court of Appeals,
G.R. No. 131641, February
23. 2000);
13. Resort to administrative remedies would be futile (University of the Philippines Board of
Regents v. Rasul 200 SCRA
685 [1991]);
14. There is unreasonable delay (Republic v, Sandiganbayan, 301 SCRA
237 [1999]);
15. "The action involves recovery of physical possession of public land
(Gabrito u. Court of Appeals, 167 SCRA
771 {1988]);
16. The party is poor (Sabello v. Department of Education, Culture and Sports,
180 SCRA 623 [1989]); and
17. The law provides for immediate resort to the court (Rulian v Valdez, 12 SCRA
501 [1964]).
{Note: The examinee should be given full credit if he gives three of the
above- mentioned exceptions.}
There is NO PRACTICAL
DISTINCTION between an
instrumentality and agency,
for all
intents and purposes. A distinction, however, may be made with respect to
those entities possessing a separate charter created by statute.
a. DPWH is an agency. It does not possess a separate charter.
b. BSP is an instrumentality because it was incorporated under the new Central Bank
Law (R.A. No. 7653)
c. PPA can be defined as both an instrumentality and an agency
because it was incorporated by special law and it has its own
charter, yet it is integrated with the DOTC.
d. LTO is an agency. It is an office of the DOTC.
e. LBP is an instrumentality having a charter under a special law and is a government
financial institution (GFI) independent of any department of government.