Constitutional and Statutory Courts

(1)     A constitutional court is one created by a direct Constitutional provision. Example of

this court is the SC, which owes its creation from the Constitution itself. Only the SC is a
Constitutional court.

(2)     A statutory court is one created by law other than the Constitution. All courts except
the SC are statutory courts. SB was not directly created by the Constitution but by law
pursuant to a constitutional mandate.

Principle of Judicial Hierarchy

(1)     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 (Sec. 9[1], BP 129; Sec. 5[1], Art. VIII, Constitution of the Philippines).

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

(3)     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 therefor, clearly and specifically set out in the petition.

(4)     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. Under the principle of
liberal interpretations, for example, it may take cognizance of a petition for certiorari
directly filed before it.