I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Post No. 100
enumerated the exceptions to the exhaustion of remedies doctrine.
This one covers the overall view of what judicial review of
administrative decisions constitute. The questions to be raised in
cases of judicial review of administrative bodies are grouped into
the following:
1.)
Questions of Law
2.)
Questions of Fact
Generally,
factual findings are binding on the court if backed by evidence. The
court will not entertain questions of fact unless any of the
following are present:
a.) The law
clearly allows it.
b.) There
was fraud, an imposition or a mistake other than an error in judgment
when the evidence was evaluated.
c.) The body
committed an error in appreciating the pleadings or interpreting the
documentary evidence.
3.)
Questions of Mixed Law and Fact
If factual
findings are involved in and dependent on resolving a legal question.
Factual
findings are given attention if they're supported by sufficient
evidence (see Levels of Evidence.) Findngs based on the expertise of
the different agencies are given a lot of respect. Factual findings,
however can be challenged if their credibility is called to question.
In that case, the court will try to come up with a finding that is
close to the evidence. Administrative findings can only be set aside
if there is proof of fraud, grave abuse of discretion or errors of
law.
A
judicial review is not a de novo
trial. It's an inquiry into whether the findings of the
administrative bodies are consistent with law, supported by evidence
and fraud-free.
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