This case has been cited 2 times or more.
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2007-07-12 |
CARPIO, J. |
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| The rule of exhaustion of administrative remedies is not absolute but admits of exceptions. One of these exceptions is when only a question of law is involved.[26] In this case, the issue of whether the NEA validly assumed jurisdiction over the appeal of Señeres is one which calls for the interpretation and application of the Guidelines on the Conduct of EC District Elections. Consequently, the Court of Appeals validly assumed jurisdiction over the petition. | |||||
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2007-03-02 |
AUSTRIA-MARTINEZ, J. |
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| Furthermore, whether a contractor with an expired license at the time of the execution of its contract is entitled to be paid for completed projects, clearly is a pure question of law. It does not involve an examination of the probative value of the evidence presented by the parties. There is a question of law when the doubt or difference arises as to what the law is on a certain state of facts, and not as to the truth or the falsehood of alleged facts.[35] Said question at best could be resolved only tentatively by the administrative authorities. The final decision on the matter rests not with them but with the courts of justice. Exhaustion of administrative remedies does not apply, because nothing of an administrative nature is to be or can be done.[36] The issue does not require technical knowledge and experience but one that would involve the interpretation and application of law. | |||||