REVISED
CIRCULAR NO. 28-91
TO: THE
INTEGRATED BAR OF THE PHILIPPINES, ALL OTHER BAR ASSOCIATIONS, THE
OFFICE
OF THE SOLICITOR GENERAL AND THE DEPARTMENT OF JUSTICE
SUBJECT:
ADDITIONAL REQUISITES FOR PETITIONS FILED WITH THE SUPREME COURT AND
THE
COURT OF APPEALS TO PREVENT FORUM-SHOPPING OR APPEALS TO PREVENT
FORUM-SHOPPING
OR MULTIPLE FILING OF PETITIONS AND COMPLAINTS.
The attention of
the Court has been called to the filing of multiple petitions and the
complaints
involving the same issues in the Supreme Court, the Court of Appeals,
other
tribunals or agencies, with the result that said courts, tribunals or
agencies
have to resolve the same issues.
[1] To avoid the
foregoing, in every petition filed with the Supreme Court or the Court
of Appeals, the petitioner, aside from complying with pertinent
provisions
of the Rules of Court and existing circulars, must certify under oath
all
of the following facts or undertakings: (a) he has not theretofore
commenced
any other action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or agencies; (b) to
the best of his knowledge, no such action or proceeding is pending in
the
Supreme Court, the Court of Appeals, or different Divisions thereof, or
any other tribunal or agency; (c) if there is such other action or
proceeding
pending, he must state the status of the same; and (d) if he should
thereafter
learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or different Divisions
thereof, or any other tribunal or agency, he undertakes to promptly
inform
the aforesaid courts and such other tribunal or agency of that fact
within
five [5] days therefrom.
[2] Any violation
of this Revised Circular will entail the following sanctions: (a) it
shall
be a cause for the summary dismissal of the multiple petitions or
complaints;
(b) any willful and deliberate forum shopping by any party and his
counsel
through the filing of multiple petitions or complaints to ensure
favorable
action shall constitute direct contempt of court; and (c) the
submission
of a false certification shall constitute indirect contempt of court,
without
prejudice to the filing of criminal action against the guilty party and
the institution of disciplinary proceedings against the counsel.
This
Revised Circular
shall take effect on April 1, 1994.
February 8,
1994.
[Sgd.]
ANDRES
R. NARVASAChief
Justice
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