Doctrine of Primary Jurisdiction
Doctrine of Primary Jurisdiction
Doctrine of Primary Jurisdiction
Courts cannot and will not resolve a controversy involving a question which is within
the jurisdiction of an administrative tribunal, especially where the question demand
the exercise of sound administrative discretion requiring the special knowledge,
experience and services of the administrative tribunal to determine technical and
intricate matters of fact.
As a general rule, recourse through court action cannot prosper until all remedies
have been exhausted at the administrative level.
Classification of Lands
2. Lands of private domain lands belonging to and owned by the State as a private
individual, without being devoted for public use.
2. Patrimonial properties of the State not or no longer intended for public use.
Under the 1987 Constitution, lands of public domain are classified into four (4)
categories:
1. Agricultural
2. Forest or timber
3.Mineral
4. National parks
Of the four, it is only the agricultural lands may be disposed in accordance with law.