Practice question
A court stays a claim originally within its competence while an agency determines a technical issue properly assigned to it. The agency says the stay makes its eventual answer permanently immune from any form of judicial review. No law establishes that sweeping immunity. Which assessment is correct?
- The stay automatically repeals all review procedures.
- Prior administrative resort does not itself establish permanent immunity from judicial review under applicable law.
- Every agency answer must be ignored.
- The parties may dispense with all constitutional limits by agreement.
- The court's initial competence proves the agency can decide nothing.
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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