Philippine Bar review · Question

Practice question: Doctrine of Primary Jurisdiction

Multiple Choice Medium Jurisprudence

Practice question

A statute initially assigns a necessary technical determination to a specialized agency. A plaintiff argues that hiring a private engineer automatically eliminates that assignment because expertise is now available privately. No exception is shown. Which is the best response?
  1. A private retainer automatically repeals the statute.
  2. Private expert evidence does not by itself displace the agency’s assigned initial regulatory function.
  3. Only an expert’s hourly fee determines jurisdiction.
  4. A court must accept any private report as a final agency decision.
  5. Every private expert becomes the regulator upon signing a contract.

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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