Practice question
A defendant invokes primary jurisdiction but identifies no technical issue, specialized agency competence, or regulatory assignment relevant to the dispute. Does the mere presence of a government agency somewhere in the industry establish the doctrine?
- Yes; industry regulation automatically bars every court claim.
- Yes; naming any agency is sufficient.
- Yes; all private disputes are administrative.
- Yes; the defendant may create jurisdiction by motion.
- No; the required connection between the dispute and assigned specialized competence must be shown.
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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