Tests/Elements for valid exercise hierarchy of the courts.

His argument that the Flag Scheme has

Case 1: City of Batangas v. Philippine Shell Petroleum Corp. is legally baseless is unmeritorious.
Facts: Francisco v. Fernando
A citizen can raise a constitutional question when:
Petitioner in this case questions the “Wet Flag Scheme” of the
MMDA. Respondent Bayani Fernando is the chairman of the 1. He has suffered actual or threatened injury
MMDA. 2. The injury can be traced to governmental action
3. A favorable action will redress the injury
1. Ernesto Francisco, Jr in his capacity as member of the IBP
and taxpayer filed a petition for Prohibition and A taxpayer, on the other hand, can raise a constitutional
Mandamus directly to the Supreme Court questioning question when shows that he suffers injury due to the illegal use
the validity of the “Wet Flag Scheme” of the MMDA of public funds. Francisco shows neither of these.
2. The Wet Flag Scheme of the MMDA involves mobile units
The doctrine of hierarchy of the courts is a rule that can be
of the MMDA patrolling around thoroughfares with a
relaxed in exceptional and compelling circumstances. It does
large wet flag on its right side meant for crowd control,
not give a complainant unabated freedom of choice to file a
to keep pedestrians along the sidewalks
petition where he pleases.
3. Francisco complains that it: (1) has no legal basis because
the MMC did not authorize it; (2) it violated the due The cities under the MMDA’s jurisdiction, except for Valenzuela
process clause because of its summary punishment; (3) City, have already enacted valid traffic regulation ordinances.
it disregards the Constitutional protection against cruel, Such enactments serve as basis for the enforcement means
degrading and inhuman punishment; (4) it violates being implemented by MMDA.
pedestrian rights Doctrines: (1) Citizen and taxpayer standings
4. MMDA Chairman argues that the case should be
dismissed because Francisco had no legal standing, that
he violated the hierarchy of the courts, and that the Wet
Flag Scheme is a valid preventive measure

Issue: Should Francisco’s petition for prohibition and

mandamus be granted?

Ruling: Petition dismissed.

Ratio: Francisco’s petition should be dismissed because of his

failure to show legal standing, for violating the doctrine of