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1. When there is a violation of due process.

An example for a violation of due process would be when a hearing officer of an administrative
agency refuses to let the witnesses of the aggrieved testify or when they blatantly ignore a
party’s motions to quash, dismiss, or other rights duly accorded to him.

2. When the issue involves is purely a legal question.

This occurs in situations where the thing disputed upon mainly revolves around what law is to
be applied in a particular case or how the law should be interpreted. Examples would be cases
involving statutory construction in order to properly ascertain the intent of the framers of the
law or in determining whether or not the law on sales or the law on contracts would apply to a
given issue.

3. When the administrative action is patently illegal amounting to lack or excess of jurisdiction.

A pertinent situation would be when a public officer, who has no authority to do so, dismisses
an employee and when the latter were to sue praying for reinstatement, the former will order
him to exhaust all administrative remedies first. There would be no need to first exhaust all
administrative remedies because in the first place the administrative action was patently illegal
because of a lack of jurisdiction.

4. When there is estoppel on the part of the administrative agency concerned.

An example for estoppel would be when an administrative agency would reject the granting of
certain benefits to a qualified applicant all the while ignoring the opinion of the secretary of
justice. If they were to order the applicant to exhaust all remedies, such as appealing to the
President of the Philippines, then they would be in estoppel to make this decision since they
themselves ignored the opinion of the executive department.

5. When there is irreparable injury.

There is irreparable injury when one party were to suffer a significant loss without any visible
means of remedying the situation. One example would be when a government employee suffers
significant monetary losses while exhausting administrative remedies in order to enforce a right.

6. When the respondent is a Department Secretary whose acts as an alter ego of the President
bears the implied and assumed approval of the latter.
A pertinent situation would be when an aggrieved party attempts to reverse a decision made by
the Department of Environment and Natural resources by appealing to the president. Such
appeal would be invalid since the decision of the department secretary would also be deemed
as the decision of the president himself since the former already acts as an alter-ego of the
latter.

7. When to require exhaustion of administrative remedies would be unreasonable.

An example for an unreasonable exhaustion of administrative remedies would be in requiring an


aggrieved party to appeal to the Monetary Board of the central bank for a tax refund when
already the refund for a prior excise tax has already been denied. Such attempt would be
deemed and therefore unreasonable.

8. When it would amount to nullification of a claim.

A situation that would result in the nullification of a claim would be when an aggrieved party,
after being illegally dismissed and after the filing of a complaint with the concerned
administrative agency, the appropriate period for filing such claim is fast approaching. It would
be held that the aggrieved party had substantially complied with rule.

9. When the subject matter is a private land in land proceedings.

A pertinent example would be when the law authorizing the government to seek the
cancellation of a title would be deemed invalid due to the fact that the land in question was
private land.

10. When the rule does not provide a plain, speedy, adequate remedy.

A situation where the rule does not provide a plain, speedy, and adequate remedy would be
when a government employee would have his services terminated by an order that was
immediately executed and his vacant position would be filled in the same day. It was held that
an appeal to the civil service commission would not be the proper remedy.

11. When there are circumstances indicating the urgency of judicial intervention.

An urgent situation in need of immediate judicial intervention would be when an applicant filing
for reinstatement was given a lower position than what was requested and has no further
means of exhausting all remedies due to poverty.

12. When no administrative review is provided by law.


A pertinent example would be when the president or department secretary is not mandated by
law to review the issue, an appellant may seek immediate judicial relief.

13. When the rule of qualified political agency applies.

This occurs when an appeal to the chief executive would be deemed invalid when assailing a
ruling given by one of the agencies under the executive because as a rule, these agencies are
deemed the president’s alter ego and their decisions are clothed with the implied approval of
the latter.

14. When the issue of non-exhaustion of administrative remedies has been rendered moot.

A relevant example would be when an appellant seeks to pursue an administrative remedy,


however due to supervening circumstances, the merits of his appeal have now been invalidated
thus to pursue the same would be futile since it would be deemed moot and academic.

15. In cases of petition for writ of amparo.

This exception occurs when a person’s right to life, liberty, and security would be deemed
violated by an unlawful act by a public official or employee. The need for exhaustion of all
possible legal remedies need not apply.

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