G.R. No. 187094
February 15, 2017
Facts
Petitioners, who are incumbent and former Party-List Representatives, along with fifteen others are charged with three cases of murder, a non-bailable offense. During the preliminary investigation, the panel of prosecutors found probable cause for murder in the killing of Carlito Bayudang and Jimmy Peralta which was filed on the Regional Trial Court of Palayan City, Nueva Ecija, and for kidnapping with murder for the killing of Danilo Felipe which was filed on the Regional Trial Court of Guimba, Nueva Ecija. Petitioners filed a motion for judicial declaration of probable cause with prayer to dismiss the case outright on the Guimba case and Palayan Case. The motion was granted for the Guimba case. However, the Palayan case was not dismissed outright since Presiding Judge Evelyn Turla ordered the conduct of another preliminary investigation. The petitioners filed a motion for reconsideration at the RTC Palayan City, Nueva Ecija but it was dismissed.
With this, the petitioners filed a petition for Certiorari at the Supreme Court with prayers that the Order of Judge Evelyn Turla be set aside and that the cases be dismissed outright for failure to show probable cause.
On the other hand, the respondents contends that the petition should be dismissed for violation of the doctrine of hierarchy of courts.
Issue
Whether or not the petitioners violated the hierarchy of courts by directly resorting the petition to the Supreme court without filing it to the Court of Appeals?
Held
No. The Supreme court held in the First United Construction Corporation v. Poro Point Management Corporation (PPMC), et al. that the doctrine of hierarchy of courts can be set aside if the “redress desired cannot be obtained in the appropriate lower courts and exceptional and compelling circumstances justify the resort to the extraordinary remedy of a writ of certiorari.”
In the case at bar, the present of compelling circumstances such as the designation of the petitioners as a party-list representatives at the time the petition was filed warrants the Supreme Court’s jurisdiction.
Hence, the petitioners did not violate the hierarchy of courts.