Saturday, December 7, 2013
Exceptions to the doctrine of primary jurisdiction
"There are established exceptions to the doctrine of primary jurisdiction, such as: (a) where there is estoppel on the part of the party invoking the doctrine; (b) where the challenged administrative act is patently illegal, amounting to lack of jurisdiction; (c) where there is unreasonable delay or official inaction that will irretrievably prejudice the complainant; (d) where the amount involved is relatively small so as to make the rule impractical and oppressive; (e) where the question involved is purely legal and will ultimately have to be decided by the courts of justice; (f) where judicial intervention is urgent; (g) when its application may cause great and irreparable damage; (h) where the controverted acts violate due process; (i) when the issue of non-exhaustion of administrative remedies has been rendered moot; (j) when there is no other plain, speedy and adequate
remedy; (k) when strong public interest is involved; and, (l) in quo warranto
proceedings.31 However, none of the foregoing circumstances is applicable
in the present case.
The doctrine of primary jurisdiction does not warrant a court to
arrogate unto itself authority to resolve a controversy the jurisdiction over
which is initially lodged with an administrative body of special
competence.32 All the proceedings of the court in violation of the doctrine
and all orders and decisions rendered thereby are null and void.33"
THE PROVINCE OF AKLAN,
JODY KING CONSTRUCTION
AND DEVELOPMENT CORP.,
G.R. Nos. 197592 & 202623
NOV 27, 2()13