Practice question
A dispute requires technical factual determinations assigned by statute to a regulator, with uniform treatment essential to the regulatory scheme. A party relies only on its own expert witness to bypass the regulator. Is hiring an expert alone sufficient?
- Yes, the expert becomes the adjudicating agency
- Yes, any private expert displaces the statutory process
- Yes, counsel may select a new regulator
- No
- Yes, technical questions lose their character once pleaded
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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