Practice question
A statute assigns exclusive initial adjudication of a defined technical dispute to an agency. The court suit asks it to adjudicate that very dispute first; all statutory conditions exist and no exception applies. Counsel argues that the mere availability of later judicial review creates concurrent initial authority. Which is correct?
- Later review does not itself confer the missing initial authority
- Judicial review always means concurrent initial jurisdiction
- Every reviewing court may bypass all agencies
- The statutory allocation disappears upon filing
- The claimant may convert review into original jurisdiction by caption
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
Answer this question in flashcards to review your response and continue practicing.