Practice question
A case within a court’s competence includes a decisive technical question entrusted initially to a specialized agency. No exception is shown. The plaintiff argues that judicial power means the court must decide the technical issue immediately; the defendant says the entire substantive claim must disappear forever. Which is best?
- Both categorical positions necessarily follow
- The agency automatically acquires every unrelated claim
- Primary jurisdiction may require initial agency determination, with suspension or another appropriate disposition rather than automatic permanent extinction of the claim
- The court must ignore the statute
- The parties may create a new regulator
Legal references
- G.R.218870, main decision, primary-jurisdiction remedies: https://lawphil.net/judjuris/juri2020/nov2020/gr_218870_2020.html
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