You are on page 1of 4

10/12/2018 PHILIPPINE SUPREME COURT CIRCULARS - CHAN ROBLES VIRTUAL LAW LIBRARY

FRIDAY, OCTOBER 12, 2018 LAWTUBE POLITICS IP LAW

HOME LAW FIRM LAW LIBRARY PHILIPPINE LAWS JURISPRUDENCE LAWLIST

Like 3 Tweet Share 47 Custom Search Search

Law Library CHAN ROBLES VIRTUAL LAW


LIBRARY
Philippine Laws, Statutes & Codes

Philippine Supreme Court Decisions

Significant Legal Resources This web page features the full text of
CIRCULAR NO. 28-91.
WorldWide Legal Recources
CIRCULAR NO. 28-91
US Federal Laws, Statutes & Codes

US Supreme Court Decisions TO: THE INTEGRATED BAR OF THE PHILIPPINES, ALL OTHER BAR
ASSOCIATIONS, THE OFFICE OF THE SOLICITOR GENERAL AND THE
The Business Page
DEPARTMENT OF JUSTICE
ChanRobles Virtual Law Library
SUBJECT: ADDITIONAL REQUISITES FOR PETITIONS FILED WITH THE
LawList - FREE LISTING DATABANK 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

http://www.chanrobles.com/supremecourtcircular28-91.htm#.W8CFOWgzaMo 1/4
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
Back to Top - Back to Home - Back to Main Index

On-Line Bar
Review

MCLE:
http://www.chanrobles.com/supremecourtcircular28-91.htm#.W8CFOWgzaMo 2/4
10/12/2018 PHILIPPINE SUPREME COURT CIRCULARS - CHAN ROBLES VIRTUAL LAW LIBRARY

DebtKollect

Intellectual
Property

Like 3 Tweet Share 47 Search

Philippine Laws
Political Law Legal & Judicial Ethics Supreme Court Decisions

http://www.chanrobles.com/supremecourtcircular28-91.htm#.W8CFOWgzaMo 3/4
10/12/2018 PHILIPPINE SUPREME COURT CIRCULARS - CHAN ROBLES VIRTUAL LAW LIBRARY
Labor Law Laws, Statutes and Codes Supreme Court Resolutions
Taxation Law Constitutional Law Supreme Court Circulars
Civil Law Treaties Philippine Bar Examinations
Mercantile Law Corporate Law Philippine Legal Resources
Criminal Law Electronic Commerce Law
Remedial Law Intellectual Property Law read more

Other Resources Law Library: News Law Updates Entertainment


Legal Resources Publications Decisions Local & Hollywood
Contracts Laws Resolutions Sports Page
Corporate Bulletin Presidential Issuances SC Issuances Kidstuff Page

CRALAW Home Law Firm Law Library Philippine Laws Jurisprudence LawList
Copyright� 1998 - 2018 : By chanrobles.com | chanrobles.com.ph rediaz

http://www.chanrobles.com/supremecourtcircular28-91.htm#.W8CFOWgzaMo 4/4