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This web page features the full text of
CIRCULAR NO. 28-91.
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
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
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
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10/12/2018 PHILIPPINE SUPREME COURT CIRCULARS - CHAN ROBLES VIRTUAL LAW LIBRARY
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

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

4. Effectivity Date.- This Circular shall take effect on January 1, 1992.

September 4, 1991.

[Sgd.] MARCELO B. FERNAN

Chief Justice
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