Log In Create Account

Philippine Bar review · Question

Practice question: Doctrine of Primary Jurisdiction

Multiple Choice Medium Jurisprudence

Practice question

A case presents an ordinary legal demand within the court’s jurisdiction. The party seeking deferral identifies no issue requiring the regulator’s special initial decision and relies only on a different pending administrative matter. Which inquiry does Conrad support?
  1. Examine the actual issue and agency assignment rather than treating pendency elsewhere as automatic ouster of the court.
  2. Dismiss every court claim whenever any administrative file exists.
  3. Require a regulator to decide every private issue in the economy.
  4. Let the defendant select the result without a hearing.
  5. Treat the pending file as a final merits judgment automatically.

Legal references

  • Conrad and Company, Inc. v. Court of Appeals, G.R. No. 115115, July 18, 1995, main decision: https://lawphil.net/judjuris/juri1995/jul1995/gr_115115_1995.html
  • Industrial Enterprises, Inc. v. Court of Appeals, G.R. No. 88550, April 18, 1990, main decision: https://lawphil.net/judjuris/juri1990/apr1990/gr_88550_1990.html

Answer this question in flashcards to review your response and continue practicing.