Practice question
A damages suit is within a court’s ordinary jurisdiction, but the requested award depends on a technical entitlement expressly assigned for initial determination to a regulator. The plaintiff submits a private expert report and insists that the court must decide the entitlement first because the report is detailed. No exception or completed agency determination exists. Which analysis is best?
- Detail alone transfers every regulatory power to the private expert.
- The report conclusively defeats primary jurisdiction in all cases.
- The relevant statutory assignment and need for the agency’s initial view remain; private detail alone does not remove them.
- The plaintiff may appoint the report writer as the court’s final regulator.
- Damages can never be sought in any regulated sector.
Legal references
- 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
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