The rule, however, is not absolute, as when exceptional and compelling circumstances justify the exercise of this Court of its primary jurisdiction. In this case, petitioner alleges that EO 566 expands the coverage of RA 7722 and in doing so, the Executive Department usurps the legislative powers of Congress. The alleged violation of the Constitution by the Executive Department when it issued EO 566 justifies the exercise by the Court of its primary jurisdiction over the case. The Court is not precluded from brushing aside technicalities and taking cognizance of an action due to its importance to the public and in keeping with its duty to determine whether the other branches of the Government have kept themselves within the limits of the Constitution. (Review Center v. Ermita, G.R. No. 180046, April 2, 2009)
However, petitioners raise a challenge on the constitutionality of the questioned provisions of both the COMELEC resolution and the law. Given this scenario, the Court may step in and resolve the instant petition. (Quinto v. Comelec, G.R. No. 189698, 1 December 2009)
However, on several occasions, this Court found compelling reasons to relax the rule on observance on hierarchy of courts. In Pacoy v. Cajigal, the Court opted not to strictly apply said doctrine, since the issue involved is double jeopardy, considered to be one of the most fundamental constitutional rights of an accused (Churchille V. Mari and People of the Philippines Vs. Hon. Rolando L. Gonzales, Presiding Judge, RTC, Br. 39, Sogo, Southern Leyte and PO1 Rudyard Paloma y Torres, G.R. No. 187728. September 12, 2011)
Evidently, the instant petition should have been filed with the
RTC. However, as an exception to this general rule, the principle of hierarchy
of courts may be set aside for special and important reasons. Such reason
exists in the instant case involving as it does the employment of the entire
plantilla of NEA, more than 700 employees all told, who were effectively
dismissed from employment in one swift stroke. This to the mind of the Court
entails its attention (United
Claimant Association of NEA (Unican) etc., et al. Vs. National
Electrification Administration (NEA), et al., G.R. No. 187107. January 31,
2012).
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