Doctrine of Primary Jurisdiction

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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.

Exhaustion of Administrative Remedies

As a general rule, recourse through court action cannot prosper until all remedies
have been exhausted at the administrative level.

Classification of Lands

Government lands are classified into two:

1. Lands of the public domain either alienable or inalienable.

2. Lands of private domain lands belonging to and owned by the State as a private
individual, without being devoted for public use.

Under the Civil Code, government lands can either be:

1. Properties of the public dominion those intended 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.

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