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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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A city enacts Ordinance No. 2026-63 requiring all cybercafés operating within the city to secure a City Data Privacy Permit (CDPP) from the City Information Office before opening or continuing operations, and to comply with implementing guidelines. The National Privacy Commission (NPC) asserts exclusive nationwide authority to regulate personal data processing under the Data Privacy Act (Republic Act No. 10173) and has not yet acted on CDPP applications or issued implementing guidelines for the ordinance. SafeNet Café, Inc. files a petition for certiorari with the Regional Trial Court to annul the ordinance on ultra vires grounds. The RTC has not yet issued a ruling. (a) Identify the controlling doctrine that governs whether the court should defer to a regulatory agency with national jurisdiction before reviewing a local regulation. (b) Distinguish primary jurisdiction from residual jurisdiction and indicate which applies to this scenario. (c) Apply the doctrines to the facts: should the RTC proceed with the petition or dismiss/stay in deference to NPC? Explain with reasons and identify the roles of the parties.

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