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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSII. JURISDICTIONH. Primary Jurisdiction and Exhaustion of Administrative Remedies

Question

II. JURISDICTION - H. Primary Jurisdiction and Exhaustion of Administrative Remedies

Scenario:

X, a resident of a municipality, filed a complaint against the local government unit (LGU) regarding the issuance of a building permit for a nearby construction project. X argues that the construction poses environmental risks and violates zoning regulations. X believes that the LGU did not properly exercise its primary jurisdiction in issuing the permit and failed to consider relevant laws and regulations.

In response, the LGU contends that X should have exhausted all available administrative remedies before resorting to judicial action. The LGU maintains that X should have filed a formal complaint through the appropriate administrative channels and awaited the resolution of the complaint before seeking judicial intervention.

Based on these circumstances:

  1. Discuss the concept of primary jurisdiction as applied to administrative agencies in the Philippines. (5 points)
  2. Explain the doctrine of exhaustion of administrative remedies, including its purpose and its implications for X's case. (5 points)
  3. Advise X on the appropriate course of action, considering the principles of primary jurisdiction and exhaustion of administrative remedies. (10 points)



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Bar Review Question: II. JURISDICTION - H. Primary Jurisdiction and Exhaustion of Administrative Remedies Scenario: X