B. Doctrines of Hierarchy of Courts and Adherence of Jurisdiction

Question 1

Doctrine of hierarchy of courts

Answer 1

The doctrine of hierarchy of courts guides litigants as to the proper venue of appeals and/or the appropriate forum for the issuance of extraordinary writs. Thus, although the SC, the CA, and the RTC have concurrent original jurisdiction over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus, parties are directed, as a rule, to file their petitions before the lowe-ranked court. Failure to comply is sufficient cause for the dismissal of the petition.

Question 2

Adherence of Jurisdiction

Answer 2

his principle states that once a court acquires jurisdiction over a controversy, it shall continue to exercise such jurisdiction until the final determination of the case.

Question 3

Exceptions of adherence of jurisdiction

Answer 3

XPNs:

1. Where a subsequent statute expressly prohibits the continued exercise of jurisdiction;
2. Where the law penalizing an act which is punishable is repealed by a subsequent law;
3. When accused is deprived of his constitutional right such as where the court fails to provide counsel for the accused who is unable to obtain one and does not intelligently waive his constitutional right;
4. Where the statute expressly provides, or is construed to the effect that it is intended to operate as to actions pending before its enactment;
5. When the proceedings in the court acquiring jurisdiction is terminated, abandoned or declared void;
6. Once appeal has been perfected; and
7. Curative statutes. (Herrera, 2007