G.R. No. and Date: G.R. No. L-10950, August 26, 1915

FACTS:
Petitioner George Whalen filed an original action for certiorari directly with the Supreme Court. He sought to review a judgment rendered against him by the justice of the peace court of Iloilo City in a civil case for the recovery of a sum of money filed by respondent B. Rose. Whalen, a resident of Manila, was served with summons in Manila. He did not appear at the trial in Iloilo, and a default judgment was entered against him. In his petition, Whalen contended that the justice of the peace lacked jurisdiction over his person because he was a Manila resident at the time of the suit and service of summons, citing provisions of the Code of Civil Procedure.

ISSUE:
Should the Supreme Court take cognizance of this original action for certiorari to review a judgment of a justice of the peace court, or should the petitioner be required to first seek relief in the proper Court of First Instance?

RULING:
The Supreme Court DISMISSED the petition. Without ruling on the merits of Whalen’s jurisdictional claim, the Court held that the better practice is for a party seeking to review a judgment of a justice of the peace via certiorari to file the action in the Court of First Instance having concurrent jurisdiction, and not directly with the Supreme Court, absent compelling reasons.

The Court reasoned that while both the Supreme Court and Courts of First Instance have concurrent jurisdiction to issue writs of certiorari (under Sections 217 and 514 of the Code of Civil Procedure), the petitioner provided no valid reason for bypassing the Court of First Instance of Iloilo. The justice of the peace and the principal defendant were residents of Iloilo, and the Court of First Instance there was open and available. The mere fact that the petitioner was a Manila resident was insufficient to justify direct recourse to the Supreme Court. The Court cited precedents (Herrera vs. Barretto and Joaquin, 25 Phil. 245, and Gonzalez vs. Moir, 27 Phil. 256) which established the doctrine that the Supreme Court should decline to take original jurisdiction in such cases where relief can be adequately obtained in the lower court. Costs were imposed on the petitioner.