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 MULTIPLE FILING OF
PETITIONS
AND COMPLAINTS.
The attention of
the Court has been called to the filing of multiple petitions and
complaints
involving the same issues in the Supreme Court, the Court of Appeals or
different Divisions thereof, or any other tribunal or agency, with the
result that said tribunals or agency have resolved the same issues.cralaw:red
To avoid the foregoing,
every petition or complaint filed with the Supreme Court, the Court of
Appeals, or different Divisions thereof, or any other tribunal or
agency,
shall comply with the following requirements, aside from pertinent
provisions
of the Rules of Court and existing circulars:chanroblesvirtuallawlibrary
1. Caption of
Petition or Complaint. – The caption of the petition or complaint
must
include the docket number of the case in the lower court of
quasi-judicial
agency whose order or judgment is sought to be reviewed.cralaw:red
2. Certification.
– The party must certify under oath that he has not commenced any other
action or proceeding involving the same issues in the Supreme Court,
the
Court of Appeals, or different Divisions thereof, or any other tribunal
or agency, and that 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. If there is any other action
pending, he must state the status of the same. If he should 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 should notify the court, tribunal or
agency
within five [5] days from such notice.cralaw:red
3. Penalties.
–
(a) Any
violation
of this Circular shall be a cause for the summary dismissal of the
multiple
petition or complaint;
(b) Any
willful and
deliberate forum-shopping by any party and his lawyer with the filing
of
multiple petitioners or complaints to ensure favorable action, shall
constitute
direct contempt of court.
(c) The
submission
of a false certification under Par. 2 of the Circular shall likewise
constitute
contempt of Court, without prejudice to the filing of criminal action
against
the guilty party. The lawyer may also be subjected to disciplinary
proceedings.cralaw:red
4. Effectivity
Date.-
This Circular shall take effect on January 1, 1992.
September 4, 1991.
[Sgd.]
MARCELO
B. FERNANChief
Justice
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