Practice question
A litigant asserts that invoking primary jurisdiction is the same as proving the court has no subject-matter jurisdiction under any circumstance. Yet the cited doctrine expressly contemplates a matter that may fall within the court’s competence while an agency first determines a technical aspect. Which is best?
- Deferral always means permanent absence of judicial power
- Every agency decision is unreviewable
- The distinction is irrelevant
- Distinguish the legal allocation of exclusive jurisdiction from deferral to specialized initial determination within the primary-jurisdiction framework
- All subject-matter grants are optional
Legal references
- G.R.218870, main decision, primary-jurisdiction explanation: https://lawphil.net/judjuris/juri2020/nov2020/gr_218870_2020.html
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