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Philippine Bar review · Question

Practice question: Doctrine of Primary Jurisdiction

Multiple Choice Hard Jurisprudence

Practice question

A specialized agency has already issued its final determination of the technical issue after the required initial process. A party follows the applicable judicial-review route. The agency invokes primary jurisdiction to demand endless repeated initial referrals solely to prevent review, identifying no legal review bar. Which answer is best?
  1. Primary jurisdiction always prohibits any review after agency action.
  2. The agency can create immunity by repeating its name.
  3. Every completed process must automatically begin again forever.
  4. The doctrine of initial agency consideration does not itself create the asserted permanent barrier to the proper judicial-review process.
  5. The reviewing court must accept the party’s preferred merits outcome without examination.

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
  • Conrad and Company, Inc. v. Court of Appeals, G.R. No. 115115, July 18, 1995, main decision: https://lawphil.net/judjuris/juri1995/jul1995/gr_115115_1995.html

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