This case has been cited 2 times or more.
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2014-09-29 |
VELASCO JR., J. |
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| In the case at bench, the assailed EO 10 was issued upon the respondent mayor's finding that Boracay West Cove's construction, expansion, and operation of its hotel in Malay, Aklan is illegal. Such a finding of illegality required the respondent mayor's exercise of quasi-judicial functions, against which the special writ of certiorari may lie. Apropos hereto is Our ruling in City Engineer of Baguio v. Baniqued:[9] | |||||
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2012-04-25 |
PERALTA, J. |
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| Corollary to the doctrine of primary jurisdiction is the principle of exhaustion of administrative remedies. The Court, in a long line of cases,[11] has held that before a party is allowed to seek the intervention of the courts, it is a pre-condition that he avail himself of all administrative processes afforded him. Hence, if a remedy within the administrative machinery can be resorted to by giving the administrative officer every opportunity to decide on a matter that comes within his jurisdiction, then such remedy must be exhausted first before the court's power of judicial review can be sought.[12] The premature resort to the court is fatal to one's cause of action.[13] Accordingly, absent any finding of waiver or estoppel, the case may be dismissed for lack of cause of action.[14] | |||||