ALAN M. LOYOLA, vs. COURT OF APPEALS, THE HON. JUDGE MARIA CARILLO ZALDIVAR in her capacity as the Presiding Judge of the RTC, Kalibo, Branch 6; THE HON. EDUARDO R. AVELINO, in his capacity as the presiding Judge of the MCTC, Macato-Tangalan, and ANICETO FERNANDEZ III.
- G.R. Number: G.R. No. 117186
- Promulgated: 1995-06-29
- Ponente: Davide, Jr., J.
Doctrine
Administrative Circular No. 04-94 is not limited by Rule 143 and, absent an express exclusion, applies to election cases; its additional requisites must be strictly complied with for initiatory pleadings in all courts and agencies except the Supreme Court and Court of Appeals.
The possibility that parties may avail of other remedies, file duplicate protests in different courts, or mistakenly file in a court lacking original jurisdiction means certification of non-forum shopping cannot be dispensed with merely because an MCTC has original and exclusive jurisdiction.
Facts
This case arose from a barangay election where petitioner was proclaimed Punong Barangay of Poblacion, Tangalan, Aklan on 10 May 1994.
Petitioner sought review of the Court of Appeals' dismissal of his petition challenging the MCTC order denying a motion to dismiss Election Protest Case No. 94-02 for lack of a certification of non-forum shopping under Administrative Circular No. 04-94.
The Court reserved decision on the merits because the case presented the novel issue of whether the Court of Appeals erred in upholding the MCTC's denial and the RTC decision concerning the certification requirement.
Issues
Whether Administrative Circular No. 04-94 is mandatory and jurisdictional.
Whether Administrative Circular No. 04-94 applies to election cases.
Ruling
The petition is DENIED; the Court held that Administrative Circular No. 04-94 applies to election cases and its requirements must be strictly complied with in courts and agencies other than the Supreme Court and Court of Appeals. The MCTC is directed to proceed with dispatch in hearing Election Protest Case No. 94-02.
Costs were imposed against the petitioner.