DENNIS T. GABIONZA, vs. THE COURT OF APPEALS and ACHIEVERS SALES CORPORATIONS.
- G.R. Number: G.R. No. 112547
- Promulgated: 1994-07-18
- Ponente: Feliciano, J.
Doctrine
Requirements of procedural circulars (Circular No. 28-91) should be applied so as to effectuate their purposes and not with such literalism as to subvert their objectives; substantial compliance may suffice.
A petition that contains the required information elsewhere (e.g., on the second page) together with the sworn certification against multiple filings satisfies the circular's aims when no deceit is alleged.
Facts
Petitioner Gabionza was impleaded as a defendant in a prior ruling, Inc., et al., filed before RTC Branch 155, Pasig; he moved to dismiss for lack of basis, but the trial court denied the motion.
Gabionza filed a Petition for Certiorari and Prohibition with the Court of Appeals challenging the trial court's denial of his motion to dismiss.
The Court of Appeals dismissed Gabionza's petition for failure to comply with Supreme Court Circular No. 28-91 (requiring the lower-court docket number in the petition caption and a sworn certification against multiple filings).
Gabionza had included the lower-court docket number and case title on the second page of his petition and had attached the required sworn certification; there was no allegation that the certification was false.
Issues
Whether the Court of Appeals erred in dismissing Gabionza's petition for certiorari and prohibition for noncompliance with Circular No. 28-91.
Ruling
Yes. The Supreme Court held Gabionza's petition was in substantial compliance with Circular No. 28-91 because the lower-court docket number and case title appeared on the petition's second page and the sworn certification was properly attached; therefore the CA's dismissals were reversed and the petition reinstated and remanded for further proceedings.
Keywords
G.R. No. 112547, Circular No. 28-91, forum shopping, Petition for Certiorari and Prohibition, motion to dismiss, substantial compliance, administration of justice, orderly judicial procedure, Section 17 of the Interim Rules and Guidelines, Batas Pambansa Blg. 129, docket number, caption of the petition, sworn certification, multiple petitions and complaints, abuse of court processes, Regional Trial Court, Court of Appeals, Supreme Court Circular No. 28-91, appeals, circular