Philippine Bar review · Question

Practice question: Primary Jurisdiction

Multiple Choice Hard

Practice question

A claimant files a damages action whose determination, as pleaded, necessarily requires first deciding a contested technical matter assigned by statute exclusively to an agency. It says the requested money relief alone prevents any primary-jurisdiction analysis. No exception exists. Which is sound?
  1. Money relief automatically defeats every agency statute
  2. The court must examine the necessary administrative issue and statutory allocation, not the damages label alone
  3. The complaint’s label alone creates original authority
  4. All technical issues become purely legal when money is sought
  5. The agency must award every requested damage regardless of statute

Legal references

  • Colmenares v. Energy Regulatory Commission, GR246422, October8,2024, main decision on primary jurisdiction and administrative competence: https://lawphil.net/judjuris/juri2024/oct2024/gr_246422_2024.html

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