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Administrative Law


Doctrine of Primary Jurisdiction and Exhaustion of Administrative Remedies (Chapter 6)





CORPORATION, THE HON. GERONIMO VELASCO in his capacity as Minister of
Energy and PHILIPPINE NATIONAL BANK, respondents.


G.R. No. 88550, April 18, 1990


Petitioner Industrial Enterprises Inc. (IEI) was granted a coal operating contract by the
Government through the Bureau of Energy Development (BED). It was also granted a
coal operating contract in the so-called “Giporlos Area.” IEI was later advised that in line
with the objective of rationalizing the country’s coal supply-demand balance, the logical
coal operator in the area would be Marinduque Mining and Industrial Corporation (MMIC).
IEI assigned and transferred to MMIC its rights in the area but later filed an action for
rescission with damages against MMIC for failure of the latter to comply with its
obligations. IEI prayed that the Energy Minister approve the return of the contract from
MMIC to IEI. Strangely enough, Mr. Jesus S. Cabarrus is the President of both IEI and
MMIC. Trial Court ordered the rescission and declared the continued efficacy of the coal
contract in favor of IEI and ordered the BED to issue its written affirmation of the contract
and to give due course to IEI’s application. CA reversed the decision and ruled that the
trial court had no jurisdiction over the action considering that under PD 1206, it is the BED
that has the power to decide controversies relative to the exploration, exploitation and
development of coal blocks.


Whether the doctrine of primary jurisdiction should apply in this case.


Yes. It has been the jurisprudential trend to apply the doctrine of primary jurisdiction in
many cases involving matters that demand the special competence of administrative
agencies. It may occur that the Court has jurisdiction to take cognizance of a particular
case, which means that the matter involved is also judicial in character. However, if the
case is such that its determination requires the expertise, specialized skills and
knowledge of the proper administrative bodies because technical matters or intricate
questions of facts are involved, then relief must first be obtained in an administrative
proceeding before a remedy will be supplied by the courts even though the matter is within
the proper jurisdiction of a court.

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
body, in such case the judicial process is suspended pending referral of such issues to
the administrative body for its view" (United States v. Western Pacific Railroad Co., 352
U.S. 59, Emphasis supplied).

Clearly, the doctrine of primary jurisdiction finds application in this case since the question
of what coal areas should be exploited and developed and which entity should be granted
coal operating contracts over said areas involves a technical determination by the BED
as the administrative agency in possession of the specialized expertise to act on the
matter. The Trial Court does not have the competence to decide matters concerning
activities relative to the exploration, exploitation, development and extraction of mineral
resources like coal. These issues preclude an initial judicial determination. It behooves
the courts to stand aside even when apparently they have statutory power to proceed in
recognition of the primary jurisdiction of an administrative agency.

The application of the doctrine of primary jurisdiction, however, does not call for the
dismissal of the case below. It need only be suspended until after the matters within the
competence of the BED are threshed out and determined.

WHEREFORE, the Court Resolved to DENY the petition. No costs.