Practice question
A court claim requires an initial engineering determination that a statute entrusts to a specialized regulator. No exception to prior resort is shown. A party argues that requesting damages necessarily eliminates primary jurisdiction. Is that correct?
- Yes; adding damages always defeats the doctrine.
- Yes; technical issues disappear whenever money is requested.
- No; the court must examine the essential assigned technical issue rather than the remedy's label alone.
- Yes; courts may rewrite the regulator's charter.
- No; every damages claim belongs exclusively to every agency.
Legal references
- Industrial Enterprises, Inc. v. Court of Appeals, G.R. No. 88550, April 18, 1990, primary jurisdiction discussion, https://lawphil.net/judjuris/juri1990/apr1990/gr_88550_1990.html
- Conrad and Company, Inc. v. Court of Appeals, G.R. No. 115115, July 18, 1995, https://lawphil.net/judjuris/juri1995/jul1995/gr_115115_1995.html
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