Philippine Bar review · Question

Practice question: Primary Jurisdiction

Multiple Choice Hard

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?
  1. Later review does not itself confer the missing initial authority
  2. Judicial review always means concurrent initial jurisdiction
  3. Every reviewing court may bypass all agencies
  4. The statutory allocation disappears upon filing
  5. 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

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