40 Sunville Timber Products vs Abad.docx

SUNVILLE vs. JUDGE ABAD The application of the expertise of the adinistrative a!enc" in the resol#tion of the iss#e raised is a condition precedent for the event#al exaination$ if still necessar"$ of the sae %#estion &" a co#rt of '#stice. (A)TS* S#nville +as !ranted a Ti&er License A!reeent A!reeent ,TLA- a#thoriin! it to exploit ti&er in Lison Valle"$ Valle"$ /a&oan!a del S#r. 0espondents filed a petition +ith the DEN0 to ann#l the said TLA d#e to soe serio#s violations of its conditions and provisions of forestr" la+s$ carried o#t  &" petitioner. The" li1e+ise filed a coplaint for in'#nction in the 0T)$ 0T)$ &ased on the sae ca#ses of action. S#nville filed a otion to disiss for lac1 of '#risdiction of the co#rt and non2 exha#stion of adinistrative reedies. The otion +as denied &" J#d!e A&ad of the 0T). The )A affired affired and held that the doctrine of exha#stion of adinistrative reedies +as not +itho#t exception and pointed to the several instances approved &" this )o#rt +here it co#ld &e dispensed +ith. The respondent co#rt fo#nd that in the case &efore it$ the applica&le exception +as the #r!ent need for '#dicial intervention !iven the petitioner3s operations have ca#sed heav" siltation in vario#s rivers. ISSUE* 4hether the respondents sho#ld first exha#st adinistrative reedies5 6ELD* 7ES. The doctrine of exha#stion of adinistrative reedies calls for resort first to the appropriate adinistrative a#thorities in the resol#tion of a controvers" fallin! #nder their  '#risdiction &efore the sae a" &e elevated to the co#rts of '#stice for revie+. revie+. 8ne of the reasons for the doctrine of exha#stion is the separation o f po+ers$ +hich en'oins #pon the J#diciar" a &ecoin! polic" of non2interference +ith atters coin! priaril" ,al&eit not excl#sivel"- +ithin the copetence of the other departents. As correctl" s#!!ested &" the respondent co#rt$ ho+ever$ there are a n#&er of instances +hen the doctrine a" &e dispensed +ith and '#dicial action validl" resorted to iediatel". Aon! Aon! these exceptional cases are* ,9+hen the %#estion raised is p#rel" le!al: ,;- +hen the adinistrative &od" is in estoppel: ,>>, 'ection ), of the Constitution. The respondent court cited Export Processing one Aut!orit" v . Dula" ,  where several presidential decrees were declared unconstitutional for divesting the courts of the 3udicial power to determine 3ust compensation in expropriation cases. The petitioner is now before the Court, contending that the doctrine of exhaustion of administrative remedies was not correctly applied and that the declaration of the unconstitutionality of 'ection ) of 5 8%$ was improper. The doctrine of exhaustion of administrative remedies calls for resort first to the appropriate administrative authorities in the resolution of a controversy falling under their 3urisdiction before the same may be elevated to the courts of 3ustice for review. 0onDobservance of the doctrine results in lac4 of a cause of action, 8 which is one of the grounds allowed in the 1ules of Court for the dismissal of the complaint. The deficiency is not 3urisdictional. :ailure to invo4e it operates as a waiver of the ob3ection as a ground for a motion to dismiss and the court may then proceed with the case as if the doctrine had been observed. *ne of the reasons for the doctrine of exhaustion is the separation of powers, which en3oins upon the +udiciary a becoming policy of nonDinterference with matters coming primarily (albeit not exclusively within the competence of the other departments. The theory is that the administrative authorities are in a better position to resolve 2uestions addressed to their particular expertise and that errors committed by subordinates in their resolution may be rectified by their superiors if given a chance to do so. A no less important consideration is that administrative decisions are usually 2uestioned in the special civil actions of certiorari , prohibition and  #anda#us, which are allowed only when there is no other plain, speedy and ade2uate remedy available to the petitioner. >t may be added that strict enforcement of the rule could also relieve the courts of a considerable number of avoidable cases which otherwise would burden their heavily loaded doc4ets. 9  As correctly suggested by he respondent court, however, there are a number of instances when the doctrine may be dispensed with and 3udicial action validly resorted

to immediately. Among these exceptional cases are6 ) when the 2uestion raised is purely legal7 10 " when the administrative body is in estoppel7 11  when the act complained of is patently illegal7 12 ; when there is urgent need for 3udicial intervention7 1  $ when the claim involved is small7 14 8 when irreparable damage will be suffered7 15 - when there is no other plain, speedy and ade2uate remedy7 1/  when strong public interest is involved7 1 # when the sub3ect of the controversy is private land7 18 and )% in $uo warranto proceedings. 19 The private respondents now submit that their complaint comes under the exceptions because forestry laws do not re2uire observance of the doctrine as a condition precedent to 3udicial action7 the 2uestion they are raising is purely legal7 application of the doctrine will cause great and irreparable damage7 and public interest is involved. e rule for the petitioner. /ven if it be assumed that the forestry laws do not expressly re2uire prior resort to administrative remedies, the reasons for the doctrine above given, if nothing else, would suffice to still re2uire its observance. /ven if such reasons were disregarded, there would still be the explicit language of pertinent laws vesting in the /01 the power and function ?to regulate the development, disposition, extraction, exploration and use of the countrys forests? and ?to exercise exclusive 3urisdiction? in the ?management and disposition of all lands of the public domain,? 20 and in the :orest @anagement CT :*1/'T/1 5A9A>A0 C>TE FG*T/ H/1/G0/1 >' 1A>* @/''A9/ AT/ :/=/ >@@/>AT/LE C@A 'G'5/0 ALL L*99>09 *5/1AT>*0' *: 'G0=>LL/ >0 =>/ *: '/1>*G' =>*LAT>*0' *: :*1/'T 51*T/CT>*0 A0 1/:*1/'TAT>*0 G0FG*T/ 'GT 1/5*1T A'A5. 1/