Saturday, November 5, 2011

Hierarchy of courts doctrine; exception - G. R. Nos. 187117 and 187127

G. R. Nos. 187117 and 187127

"x x x.

At the outset, it is an established policy that parties must observe the hierarchy of courts before they can seek relief directly from this Court. Therationale for this rule is twofold: (a) it would be an imposition upon the limited time of this Court; and (b) it would inevitably result in a delay, intended or otherwise, in the adjudication of cases, which in some instances, had to be remanded or referred to the lower court as the proper forum under the rules of procedure, or as better equipped to resolve the issues because this Court is not a trier of facts.[13] It is only for special and compelling reasons that this Court shall exercise its primary jurisdiction over the extraordinary remedy of writ of prohibition. However, in the case at bar, since it is only the Supreme Court itself that can clarify the assailed guidelines, petitioner is exempted from this rule.
x xx."

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