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Philippine Bar review · Question

Practice question: Doctrine of Primary Jurisdiction

Multiple Choice Easy

Practice question

Can primary jurisdiction become relevant even when the claim is originally cognizable by a court?
  1. No; judicial jurisdiction and agency expertise can never intersect.
  2. Yes; enforcement may require prior resolution of issues placed within an agency's special competence.
  3. No; courts must decide every technical matter unaided.
  4. Yes, but only if the court permanently gives up all judicial power.
  5. No; administrative bodies can never determine facts.

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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