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Showing posts with the label Doctrine of Exhaustion of Administrative Remedies

Ocampo vs Enriquez, GR No. 225973| 11/8/2016

Full Text:  https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/62526 Doctrines: It is well-settled that no question involving the constitutionality or validity of a law or governmental act may be heard and decided by the Court unless the following requisites for judicial inquiry are present: (a) there must be an actual case or controversy calling for the exercise of judicial power; (b) the person challenging the act must have the standing to question the validity of the subject act or issuance; (c) the question of constitutionality must be raised at the earliest opportunity; and (d) the issue of constitutionality must be the very lis mota of the case. In this case, the absence of the first two requisites, which are the most essential, renders the discussion of the last two superfluous. An “actual case or controversy” is one which involves a conflict of legal rights, an assertion of opposite legal claims, susceptible of judicial resolution as distinguished from a hypothetical...