SC CIRCULAR NO. 28-91, September 04, 1991
SC CIRCULAR NO. 28-91, September 04, 1991
| 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 to
resolve the same issues.
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:
- 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 urder or .judgment is sought to be
reviewed. - Certification.– The party must certify under oath that he has not commenced
any other action or proceeding involving tha same issue to the Supreme Court,
the Court of Appeals, or different Divisions thereogf, 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 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. - Penalties. –
(a) Any violation of this Circular shall be a cause for summary dismissal of
the multiple petition or complaint;(b) Any willful and deliberate forum shopping by any party and his lawyer with
the filling of multiple petitions 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 filling of
criminal action against the guilty party. The lawyer may also be subjected to
disciplinary proceedings.
- Effectivity Date.- This Circular shall take effect on January 1,
1992.
September 4, 1991.
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(SGD.) JOSUE BELLOSILLO
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Court Administrator
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