Practice question
A litigant establishes that a lower court is a proper competent forum for the extraordinary writ sought but files directly in the Supreme Court solely because concurrent jurisdiction exists. No adequate reason for bypassing the lower forum is shown. What follows from Gios-Samar?
- Concurrence alone guarantees Supreme Court consideration on the merits.
- The petition remains subject to dismissal for disregarding hierarchy.
- The lower court loses its statutory power forever.
- The petition automatically becomes an appeal.
- The Supreme Court must conduct the trial of all facts.
Legal references
- Gios-Samar v DOTC, G.R. No. 217158, March 12, 2019, en banc main decision, concurrent jurisdiction and hierarchy: https://lawphil.net/judjuris/juri2019/mar2019/gr_217158_2019.html
- Galang v Wallis, G.R. No. 223434, July 3, 2019, main decision, general and special jurisdiction (not historical monetary thresholds): https://lawphil.net/judjuris/juri2019/jul2019/gr_223434_2019.html
- People v Mendez, G.R. Nos. 208310–11 and 208662, March 28, 2023, en banc MAIN decision, adherence and exceptional jurisdictional estoppel: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69095
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