Saturday, December 7, 2013

Doctrine of primary jurisdiction


"The doctrine of primary jurisdiction holds that if a case is such that its
determination requires the expertise, specialized training and knowledge of
the proper administrative bodies, relief must first be obtained in an
administrative proceeding before a remedy is supplied by the courts even if
the matter may well be within their proper jurisdiction.22 It applies where a
claim is originally cognizable in the courts, and comes into play whenever
enforcement of the claim requires the resolution of issues which, under a
regulatory scheme, have been placed within the special competence of an
administrative agency. In such a case, the court in which the claim is sought
to be enforced may suspend the judicial process pending referral of such
issues to the administrative body for its view or, if the parties would not be
unfairly disadvantaged, dismiss the case without prejudice.23

The objective of the doctrine of primary jurisdiction is to guide the
court in determining whether it should refrain from exercising its jurisdiction
until after an administrative agency has determined some question or some
aspect of some question arising in the proceeding before the court.24."


THE PROVINCE OF AKLAN, Petitioner, -versus- JODY KING CONSTRUCTION AND DEVELOPMENT CORP., Respondent. 
G.R. Nos. 197592 & 202623, NOV. 27, 2()13