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Philippine Bar review · Question

Practice question: Doctrine of Primary Jurisdiction

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Practice question

A plaintiff requests rescission and damages but also asks the court to decide a technical operating entitlement initially assigned by law to a specialized regulator. Explain why the civil-remedy labels do not necessarily defeat primary jurisdiction.

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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