POLITICAL/REMIDIAL LAW REVIEWER FOR THE 2013 BAR EXAMS:OLDIES BUT GOODIES: Rule V, Section 1 of the 1997 COA Rules provides: An aggrieved party may appeal from an order or decision or ruling rendered by the Auditor embodied in a report, memorandum, letter, notice of disallowances and charges, Certificate of Settlement and Balances, to the Director who has jurisdiction over the agency under audit. Rule VI, Section 1, continues the linear procedure, to wit: The party aggrieved by a final order or decision of the Director may appeal to the Commission Proper. This discussion of the different procedures in place clearly shows that an administrative remedy was indeed available. To allow a premature invocation of Rule 65 would subvert these administrative provisions, unless they fall under the established exceptions to the general rule, some of which are as follows: 1) when the question raised is purely legal; 2) when the administrative body is in estoppel; 3) when the act complained of is patently illegal; 4) when there is urgent need for judicial intervention; 5) when the claim involved is small; 6) when irreparable damage will be suffered; 7) when there is no other plain, speedy and adequate remedy; 8) when strong public interest is involved; 9) when the subject of the controversy is private land; 10) in quo warranto proceedings.(2013 TACORDA JNL NOTES). (At AUSL LIBRARY)
Posted on: Sat, 31 Aug 2013 10:12:10 +0000
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