Corazon G.

Nuque
1G -150823
LEGAL RESEARCH AND WRITING
ATTY. JOSE ANGELO DAVID
Principle of Judicial Hierarchy of Courts
Three Courts has the original jurisdiction over petition for certiorari they are Regional
Trial Courts, Court of Appeals and Supreme Court. The rules on hierarchy of courts determine
the venue of recourses to these courts. Petition for certiorari will not be entertain by the Supreme
Court unless the redress desired cannot be obtained elsewhere based on exceptional and
compelling circumstances justifying the immediate resort to the Supreme Court. A direct resort to
the Supreme Court in a petition for certiorari will violate the hierarchy of courts and therefore
improper because the Supreme Court is a court of last resort and must remain to be so in order
for it to satisfactorily perform its constitutional functions, thereby allowing it to devote its time
and attention to matters within its exclusive jurisdiction and preventing the over jurisdiction
owning of its docket.
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 such as, (1) when dictated by the public
welfare and the advancement of public policy; (2) when demanded by the broader interest of
justice; (3) when the challenged orders were patent nullities; or (4) when analogous
exceptional and compelling circumstances called for and justified the immediate and direct
handling of the case.
Principle of Exhaustion of Administrative Remedies
It has been consistently held by the Supreme Court, that before a party is allowed to seek
the intervention of the court, it is a pre-condition that he should have availed of all the means of
administrative processes afforded him. Hence, if a remedy within the administrative machinery
can still be resorted to by giving the administrative officer concerned every opportunity to decide
on a matter that comes within his jurisdiction, then such remedy should be exhausted first before
the courts judicial power can be sought. The premature invocation of a courts intervention is
fatal to ones cause of action. The underlying principle of the rule on exhaustion of
administrative remedies rests on the presumption that the administrative agency, if afforded a
complete chance to pass upon the matter, will decide the same correctly. There are both legal and
practical reasons for the principle. The administrative process is intended to provide less
expensive and more speedy solutions to disputes.
Where the enabling statute indicates a procedure for administrative review and provides a
system of administrative appeal or reconsideration, the courts for reasons of law, comity, and
convenience will not entertain a case unless the available administrative remedies have been
resorted to and the appropriate authorities have been given an opportunity to act and correct the
errors committed in the administrative forum. When an adequate remedy may be had within the
Executive Department of the government, but nevertheless, a litigant fails or refuses to avail
himself of the same, the judiciary shall decline to interfere. The rule in administrative law is that
parties requesting judicial action must first exhaust their remedies in the executive branch. This
is premised not only on practical considerations but also on the comity existing between different
departments of the government, which comity requires the court to stay their hands until the
administrative processes have been completed. Further, under the doctrine of exhaustion of
administrative remedies, recourse through court action, as a general rule, cannot prosper until all
the remedies have been exhausted at the administrative level.

Petition for Certiorari under Rule 65 versus Petition on Review for Certiorari under
Rule 45 of the Rules of Court
Certiorari is a remedy designed for the correction of errors of jurisdiction, not errors of
judgment. It may issue only when the following requirements are alleged in the petition and
established: (1) the writ is directed against a tribunal, a board or any officer exercising judicial or
quasi-judicial functions; (2) such tribunal, board or officer has acted without or in excess of
jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (3)
there is no appeal or any plain, speedy and adequate remedy in the ordinary course of law. A writ
of certiorari will not issue where the remedy of appeal is available to an aggrieved party. A
petition for review is a mode of appeal. In any case, even if the Petition is one for the special
civil
action
of
certiorari, this Court has the discretion to treat a Rule 65 Petition for
Certiorari as a Rule 45 Petition for Review on Certiorari. This is allowed if
(1) the Petition is filed within the reglementary period for filing a Petition
for review; (2) when errors of judgment are averred; and (3) when there is
sufficient reason to justify the relaxation of the rules.48 When this Court
exercises this discretion, there is no need to comply with the requirements
provided for in Rule 65.

Under B.P. 129 as amended by RA 7691 Municipal Trial Courts have the following
civil jurisdiction:

(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and
intestate, including the grant of provisional remedies in proper cases, where the value of the
personal property, estate, or amount of the demand does not exceed One hundred thousand pesos
(P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the
demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest,
damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which
must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees,
litigation expenses, and costs shall be included in the determination of the filing fees: Provided,
further, That where there are several claims or causes of actions between the same or different
parties, embodied in the same complaint, the amount of the demand shall be the totality of the
claims in all the causes of action, irrespective of whether the causes of action arose out of the
same or different transactions;
(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer:
Provided, That when, in such cases, the defendant raises the questions of ownership in his
pleadings and the question of possession cannot be resolved without deciding the issue of
ownership, the issue of ownership shall be resolved only to determine the issue of possession;
and
(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession
of, real property, or any interest therein where the assessed value of the property or interest
therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila,
where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of
interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That

in cases of land not declared for taxation purposes, the value of such property shall be
determined by the assessed value of the adjacent lots.
Under B.P. 129 as amended by RA 7691 Municipal Trial Courts have the following
civil jurisdictions
1) In all civil actions in which the subject of the litigation is incapable of pecuniary
estimation;
(2) In all civil actions which involve the title to, or possession of, real property, or any
interest therein, where the assessed value of the property involved exceeds Twenty thousand
pesos (P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty
thousand pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of lands
or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts;
(3) In all actions in admiralty and maritime jurisdiction where the demand or claim
exceeds One hundred thousand pesos (P100,000.00) or, in Metro Manila, where such demand or
claim exceeds Two hundred thousand pesos (P200,000.00);
(4) In all matters of probate, both testate and intestate, where the gross value of the estate
exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila,
where such gross value exceeds Two Hundred thousand pesos (P200,000.00);
(5) In all actions involving the contract of marriage and marital relations;
(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial
functions;
(7) In all civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as
now provided by law; and
(8) In all other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy
exceeds One hundred thousand pesos (P100,000.00) or, in such other cases in Metro Manila,
where the demand exclusive of the abovementioned items exceeds Two Hundred thousand pesos
(P200,000.00).

Under RA 7902 Jurisdiction. - The Court of Appeals shall exercise:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate
jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional
Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards
of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission,
including the Securities and Exchange Commission, the Social Security Commission, the
Employees Compensation Commission and the Civil Service Commission, Except those falling

within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the
Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of
this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth
paragraph od Section 17 of the Judiciary Act of 1948.
The court of Appeals shall have the power to try cases and conduct hearings, receive
evidence and perform any and all acts necessary to resolve factual issues raised in cases falling
within its original and appellate jurisdiction, including the power to grant and conduct new trials
or Appeals must be continuous and must be completed within three (3) months, unless extended
by the Chief Justice. (as amended by R.A. No. 7902.)

Under RA 5440, Supreme Court has the following jurisdiction:

Sec. 17. Jurisdiction of the Supreme Court. The Supreme Court shall have original
jurisdiction over cases affecting ambassadors, other public ministers, and consuls; and original
and exclusive jurisdiction in petitions for the issuance of writs of certiorari, prohibition and
mandamus against the Court of Appeals.