PRINCIPLE OF JUDICIAL HIERARCHY

A higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts.

This is an ordained sequence of recourse to courts vested with concurrent jurisdiction, beginning from the lowest, on to the next highest, and ultimately to the highest. This hierarchy is determinative of the venue of appeals, and is likewise determinative of the proper forum for petitions for extraordinary writs. This is an established policy necessary to avoid inordinate demands upon the Court‘s time and attention which are better devoted to those matters within its exclusive jurisdiction, and to preclude the further clogging of the Court‘s docket.

The SC is a court of last resort. It cannot and should not be burdened with the task of deciding cases in the first instances. Its jurisdiction to issue extraordinary writs should be exercised only where absolutely necessary or where serious and important reasons exist.

Petitions for the issuance of extraordinary writs against first level courts should be filed with the RTC and those against the latter with the CA. A direct invocation of the SC‘s original jurisdiction to issue these writs should be allowed only where there are special and important reasons therefore, clearly and specifically set out in the petition.

The doctrine of hierarchy of courts may be disregarded if warranted by the nature and importance of the issues raised in the interest of speedy justice and to avoid future litigations, or in cases of national interest and of serious implications.

Sec. 9[1], BP 129; Sec. 5[1], Art. VIII, Constitution of the Philippines, By “hierarchy of courts” is meant that while the Supreme Court, the Court of Appeals, and the Regional Trial Courts have concurrent original jurisdiction to issue writs of certiorari, prohibition, mandamus, quo warranto and habeas corpus, such occurrence does not accord litigants unrestrained freedom of choice of the court to which application therefore maybe directed. The application should be filed with the court of lower level unless the importance of the issue involved deserves the action of the court of higher level. (Uy vs. Contreras, 237 SCRA 167)

Neil Christian

I want to share to you my knowledge about law, our travels with my family, success principles as well as healthy insights. I hope you will enjoy and learn from my blog.