04/02/2020
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D. Notwithstanding the failure of petitioners to observe the hierarchy of
courts, the Court assumes jurisdiction over the petition in view of the
importance of the issues raised therein.
Between two courts of concurrent original jurisdiction, it is the lower court that
should initially pass upon the issues of a case. That way, as a particular case goes
through the hierarchy of courts, it is shorn of all but the important legal issues or
those of first impression, which are the proper subject of attention of the appellate
court. This is a procedural rule borne of experience and adopted to improve the
administration of justice.
This Court has consistently enjoined litigants to respect the hierarchy of courts.
Although this Court has concurrent jurisdiction with the Regional Trial Courts and the
Court of Appeals to issue writs of certiorari, prohibition, mandamus, quo warranto,
habeas corpus and injunction,[56] such concurrence does not give a party
unrestricted freedom of choice of court forum. The resort to this Court's primary
jurisdiction to issue said writs shall be allowed only where the redress desired cannot
be obtained in the appropriate courts or where exceptional and compelling
circumstances justify such invocation.[57] We held in People v. Cuaresma[58] that:
A becoming regard for judicial hierarchy most certainly indicates that
petitions for the issuance of extraordinary writs against first level
("inferior") courts should be filed with the Regional Trial Court, and those
against the latter, with the Court of Appeals. A direct invocation of the
Supreme Court'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. This is
established policy. It is a policy necessary to prevent inordinate demands
upon the Court's time and attention which are better devoted to those
matters within its exclusive jurisdiction, and to prevent further overcrowding of the Court's docket x x x.[59] (Emphasis supplied.)
IPRA aims to rectify the historical injustice inflicted upon indigenous peoples. Its
impact upon the lives not only of the indigenous peoples but also upon the lives of
all Filipinos cannot be denied. The resolution of this case by the Court at the earliest
opportunity is necessary if the aims of the law are to be achieved. This reason is
compelling enough to allow petitioners' invocation of this Court's jurisdiction in the
first instance.
Substantive Issues
Primary Issue
The issue of prime concern raised by petitioners and the Solicitor General revolves
around the constitutionality of certain provisions of IPRA, specifically Sections 3(a),
3(b), 5, 6, 7, 8, 57, 58 and 59. These provisions allegedly violate Section 2, Article
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84/148
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