Case No.

716
Article VIII Section 5 – Doctrine of Exhaustion of Administrative Remedy
Tondo Medical Center Employees Association v. CA 527 SCRA 746
FACTS: DOH launched the Health Sector Reform Agenda (HSRA) in 1999. Pres. Estrada issued EO
No 102 (Redirecting the Functions and Operations of the DOH). Petitioners questioned the order
issued by the DOH for imposing a burden on indigent Filipinos. The reforms would make free
medicine and free medical services inaccessible to economically disadvantaged Filipinos.
ISSUE: Whether petitioners violated the doctrine of exhaustion of administrative remedy.
RULING: NO, elevating the matter to the Office of the President was consistent to the
doctrine. The DOH is an agency which is under the supervision and control of the President,
thus, part of the Office of the President.
Case No. 717
Article VIII Section 5 – Doctrine of Exhaustion of Administrative Remedy
Anak Mindanao v. Executive Secretary 531 SCRA 583
FACTS: Petitioners assail the constitutionality of E.O. No. 364 as amended by EO. 379 which orders
the Presidential Commission for the Urban Poor (PCUP) placed under the supervision and control
of the Department of Land Reform, and the National Commission on Indigenous Peoples (NCIP)
shall be an attached agency of the Department of Land Reform. Petitioners allege that the EO has
impaired the powers of Congress since the DAR, PCUP and NCIP were created by statutes, they can
only be transformed, merged or attached by statutes, not by mere executive orders.
ISSUE: Whether or not any reorganization of these administrative agencies should be the subject of
a statute, not by mere executive orders.
RULING: NO. The President is granted administrative power over bureaus and offices under
his control to enable him to discharge his duties effectively. The characterization of the NCIP as
an independent agency under the Office of the President does not remove said body from the
President's control and supervision with respect to its performance of administrative functions.
Case No. 718
Article VIII Section 5 – Doctrine of Exhaustion of Administrative Remedy
Pharmaceutical v. Duque 535 SCRA 265
FACTS: This case concerns a petition challenging the validity of a Department of Health (DOH)
Administrative Order which is the Revised Implementing Rules and Regulations, claiming that it
contained provisions that went beyond the scope of the law as it was supposed to implement (Milk
Code). The World Health Assembly (WHA) had since adopted several Resolutions to the effect that
breastfeeding should be supported, promoted and protected.
ISSUE: Whether or not DOH, as an administrative agency, acted without or in excess of jurisdiction
in violation of the provisions of the Constitution in promulgating the RIRR.
RULING: NO. Section 57 of the RIRR does not provide for the repeal of laws but only orders,
issuances and rules and regulations. Thus, said provision is valid as it is within the DOH’s rule-
making power. An administrative agency like respondent possesses quasi-legislative or rule-
making power. Such necessarily includes the power to amend, revise, alter, or repeal the same. This
is to allow administrative agencies flexibility in formulating and adjusting the details and manner
by which they are to implement the provisions of a law, in order to make it more responsive to the
times. Hence, it is a standard provision in administrative rules that prior issuances of
administrative agencies that are inconsistent therewith are declared repealed or modified.
Case No.719
Article VIII Section 5 – Doctrine of Exhaustion of Administrative Remedy
Francisco Chavez vs. Raul M. Gonzales and NTC 545 SCRA 441
FACTS: As a consequence of the public release of copies of the “Hello Garci” compact disc
audiotapes involving a wiretapped mobile phone conversation between then-President Gloria
Arroyo and Comelec Commissioner Virgilio Garcillano, respondent DOJ Secretary Gonzales warned
reporters that those who had copies of the CD and those broadcasting or publishing its contents
could be held liable under the Anti-Wiretapping Act. Petitioner, as citizen, filed this petition to
nullify the "acts, issuances, and orders" of the NTC and respondent Gonzalez.
ISSUE: Whether or not NTC has power to impose content-based prior restraint on expression.
RULING: NO, the airing of the Garci Tapes is a protected expression that can never be subject to
prior restraint. NTC may regulate the bandwidth position, transmitter wattage, and location of
radio and television stations, but not the content of the broadcasts. Only the courts have the
power to adjudicate on the factual and legal issue of whether the airing of Garci tapes
presents a clear and present danger of bringing about a substantive evil that the state has a
right and duty to prevent.
Case No. 720
Article VIII Section 5 – Doctrine of Exhaustion of Administrative Remedy
Akbayan v. Aquino 558 SCRA 468
FACTS: Prior to President’s signing of Japan-Philippines Economic Partnership Agreement,
petitioners (non-government organizations, Congresspersons, citizens and taxpayers) demanded
the full text of JPEPA including Philippine and Japanese offers during the negotiation process. The
respondent alleged that the request of the Petitioners must be denied on the ground that the issue
is under the executive privilege and is confidential until the negotiation is complete.

ISSUE: Whether or not the Supreme Court can exercise primary jurisdiction of this case and take
cognizance of the instant petition.
RULING: YES, the privileged character of the diplomatic negotiations has been recognized in the
court's jurisdiction. The JPEPA negotiations constituting no exceptions. Despite the doctrine of
exhaustion of administrative remedy, SC is allowed to exercise primary jurisdiction if the
redress desired cannot be obtained in the appropriate courts or where exceptional
compelling circumstances justify availment of a remedy within and calling for the exercise of
the SC's primary jurisdiction.