Waiver of principle of judicial hierarchy of courts.

"xxx.

Before addressing the above issues, the Court notes respondents’ contention that the prosecution’s resort to special civil action of certiorari under Rule 65 is improper. Since the trial court dismissed the criminal actions against respondents, the prosecution’s remedy was to appeal to the CA from that order of dismissal.

Ordinarily, the proper remedy from an order dismissing an action is an appeal.8 Here, the prosecution in fact filed a notice of appeal from such an order issued in the subject cases. But it reconsidered its action and withdrew that notice, believing that appeal was not an effective, speedy, and adequate remedy.9 In other words, the prosecution’s move was not a case of forgotten remedy but a conscious resort to another based on a belief that respondent Judge Yadao gravely abused her discretion in issuing her various orders and that certiorari under Rule 65 was the proper and all-encompassing remedy for the prosecution. The Court is not prepared to say that the remedy is altogether implausible as to throw out the petition outright.

Still, the Court notes that the prosecution skipped the CA and filed its action directly with this Court, ignoring the principle of judicial hierarchy of courts. Although the Supreme Court, the CA, and the RTCs have concurrent jurisdiction to issue a writ of certiorari, such concurrence does not give the People the unrestricted freedom of choice of forum.10 In any case, the immense public interest in these cases, the considerable length of time that has passed since the crime took place, and the numerous times these cases have come before this Court probably warrant a waiver of such procedural lapse.

Xxx. "


G.R. Nos. 162144-54
November 13, 2012
PEOPLE OF THE PHILIPPINES, Petitioner,
vs.
HON. MA. THERESA L. DELA TORRE- YADAO, in her capacity as Presiding Judge, Branch 81, Regional Trial Court of Quezon City, HON. MA. NATIVIDAD M. DIZON, in her capacity as Executive Judge of the Regional Trial Court of Quezon City, PANFILO M. LACSON, JEWEL F. CANSON, ROMEO M. ACOP, FRANCISCO G. ZUBIA, JR., MICHAEL RAY B. AQUINO, CEZAR O. MANCAO II, ZOROBABEL S. LAURELES, GLENN G. DUMLAO, ALMARIO A. HILARIO, JOSE ERWIN T. VILLACORTE, GIL C. MENESES, ROLANDO ANDUYAN, JOSELITO T. ESQUIVEL, RICARDO G. DANDAN, CEASAR TANNAGAN, VICENTE P. ARNADO, ROBERTO T. LANGCAUON, ANGELITO N. CAISIP, ANTONIO FRIAS, CICERO S. BACOLOD, WILLY NUAS, JUANITO B. MANAOIS, VIRGILIO V. PARAGAS, ROLANDO R. JIMENEZ, CECILIO T. MORITO, REYNALDO C. LAS PINAS, WILFREDO G CUARTERO, ROBERTO O. AGBALOG, OSMUNDO B. CARINO, NORBERTO LASAGA, LEONARDO GLORIA, ALEJANDRO G LIWANAG, ELMER FERRER and ROMY CRUZ, Respondents.