Doctrine of Primary Jurisdiction

Question 1

What does the Doctrine of Primary Jurisdiction provide?

Answer 1

Courts will not resolve a controversy involving a question within the jurisdiction of an administrative agency or tribunal, especially so when the resolution thereof demands the sound exercise of administrative discretion, requiring the special knowledge, experience, and services of said administrative tribunal, to determine technical and intricate matters of fact.

Question 2

When does the Doctrine of Primary Jurisdiction apply?

Answer 2

It applies when the question or matter falls within the jurisdiction of an administrative tribunal or agency.

This is so even if such question or matter is likewise cognizable by the courts.

Question 3

EXCEPTIONS TO THE APPLICATION OF THE DOCTRINE OF PRIMARY JURISDICTION

Answer 3

In the following instances, the court can take cognizance of a controversy even if the question or matter involved is primarily within the jurisdiction of an administrative agency or tribunal:

(A) Where there is estoppel on the part of the party invoking the doctrine of primary jurisdiction;
(B) Where the challenged administrative act is patently illegal, which amounts to lack of jurisdiction;
(C) Unreasonable delay or official inaction that will irretrievably prejudice the complainant;
(D) The amount involved is relatively small;
(E) Where the question involved is purely legal and will ultimately have to be decided by the courts of law/justice;
(F) Where judicial intervention is urgent;
(G) Where the application of the doctrine will result to irreparable damage;
(H) Where the controverted acts violate due process;
(I) When the issue of non-exhaustion of remedies has been rendered moot;
(J) When there is no other plain, speedy, and adequate remedy in law;
(K) When strong public interest is involved; and
(L) Quo warranto proceedings