Additional Requisites to Prevent Forum Shopping or Multiple Filing of Petitions and Complaints
On February 8, 1994, the Supreme Court of the Philippines issued a revised Administrative Circular No. 28-91 aimed at preventing forum shopping and the multiple filing of petitions and complaints. Petitioners must now certify under oath that they have not initiated any other actions involving the same issues in any court or tribunal, and they must disclose the status of any pending cases if applicable. Violations of this Circular can lead to summary dismissal of the petitions, contempt of court charges, and potential disciplinary action against attorneys who submit false certifications. The revised Circular is effective from April 1, 1994.
Quick Answers
- What is Additional Requisites to Prevent Forum Shopping or Multiple Filing of Petitions and Complaints about?
- On February 8, 1994, the Supreme Court of the Philippines issued a revised Administrative Circular No. 28-91 aimed at preventing forum shopping and the multiple filing of petitions and complaints. Petitioners must now certify under oath that they have not initiated any other actions involving the same issues in any court or tribunal, and they must disclose the status of any pending cases if applicable. Violations of this Circular can lead to summary dismissal of the petitions, contempt of court charges, and potential disciplinary action against attorneys who submit false certifications. The revised Circular is effective from April 1, 1994.
- What type of law is Supreme Court Revised Administrative Circular No. 28-91?
- Additional Requisites to Prevent Forum Shopping or Multiple Filing of Petitions and Complaints (Supreme Court Revised Administrative Circular No. 28-91) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Additional Requisites to Prevent Forum Shopping or Multiple Filing of Petitions and Complaints enacted?
- Additional Requisites to Prevent Forum Shopping or Multiple Filing of Petitions and Complaints (Supreme Court Revised Administrative Circular No. 28-91) was enacted on Feb 8, 1994.
- What is the citation for Additional Requisites to Prevent Forum Shopping or Multiple Filing of Petitions and Complaints?
- Additional Requisites to Prevent Forum Shopping or Multiple Filing of Petitions and Complaints, Supreme Court Revised Administrative Circular No. 28-91, Feb 8, 1994 (Philippines)
Law Information
- Reference Number
- Supreme Court Revised Administrative Circular No. 28-91
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Revised Administrative Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
February 8, 1994
SUPREME COURT REVISED ADMINISTRATIVE 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 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 to all of the following facts or undertakings; (a) he has not therefore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunals or agency; (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.
Cite This Law
Additional Requisites to Prevent Forum Shopping or Multiple Filing of Petitions and Complaints, Supreme Court Revised Administrative Circular No. 28-91, Feb 8, 1994 (Philippines)
Additional Requisites to Prevent Forum Shopping or Multiple Filing of Petitions and Complaints, Supreme Court Revised Administrative Circular No. 28-91 (Phil. 1994)
Related Laws
- Additional Requisites for Petitions to Prevent Forum ShoppingSupreme Court Circular No. 28-91 • Sep 4, 1991 • Supreme Court Issuances
- Additional Requisites for Petitions Filed with the Supreme Court and the Court of Appeals to Prevent Forum Shopping or Multiple Filing of Petitions and ComplaintsSupreme Court Revised Circular No. 28-91 • Feb 8, 1994 • Supreme Court Issuances
- Additional Requisites for Civil Complaints, Petitions and other Initiatory Pleadings Filed in all Courts and Agencies, other than the Supreme Court and the Court of Appeals, to Prevent Forum Shopping or Multiple Filing of such PleadingsSupreme Court Administrative Circular No. 04-94 • Feb 8, 1994 • Supreme Court Issuances
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