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Question Certificate or statement of non-forum shopping.

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1 year 6 months ago #538 by John
John created the topic: Certificate or statement of non-forum shopping.
Dear Sir/Madam:

First of all, I would like to emphasize that my questions are not intended to make an appeal but are purely for academic discussion only.

Under Rule 3 Complaint Section 11 Requisites of a Valid Complaint of the RRACCS, a complaint shall contain a Certificate or Statement of non-forum shopping among others. The absence of any aforementioned requirements may cause the dismissal of the complaint without prejudice to its re-filing upon compliance.

If this were the case, assuming the complainant failed to attach said certificate, and the disciplining authority or the person conducting the preliminary investigation failed to require the same from the complainant and was only able to realize it after the respondent was already required to answer within seventy two hours, should the case be outrightly dismissed? If so, is there a grace or prescription period on the part of the complainant to re-file the complaint again? On the other hand, if the disciplining authority or person conducting the preliminary investigation opted not to dismiss the complaint and require instead the complainant to comply to such requirement before the case will push through, how many days or hours should be given to the complainant to submit the Certificate of non-forum shopping?

A certificate or statement of nom-forum shopping is a requirement to the complainant since he was the one who initiated the pleading and not by the respondent. However, hypothetically, if the respondent feels that he is the aggrieved party and submits a counter affidavit with complaint, under administrative rules, is he also required to submit a certificate of non-forum shopping since he incorporated a complaint in his counter affidavit?

Is the Supreme Court Ruling G.R. 153171 Spouses Rodolfo Carpio and Remedios Orendain (Petitioners) versus Rural Bank of Sto. Tomas, Inc. (Respondent) similar in nature or applicable to my question?

Thank you.

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1 year 6 months ago #554 by Action Officer 11
Action Officer 11 replied the topic: Certificate or statement of non-forum shopping.
The case may still proceed and the disciplining authority or the person conducting the preliminary investigation shall require the complainant to submit his /her certificate of non-forum shopping at any given time. However, if the disciplining authority opts to terminate the case, there is no grace period within which the complainant may re-file his/her complaint. This is so because administrative cases are imprescriptible.

If the respondent submits a counter affidavit with complaint, he is no longer required to submit a certificate of non-forum shopping since his complaint is part and parcel of his counter affidavit, which is his answer to the complaint filed against him.

Finally, while the Supreme Court ruling in the case of Spouses Rodolfo Carpio and Remedios Orendain vs. Rural Bank of Sto. Tomas, Inc. also involves the certificate of non-forum shopping, said case involves a civil case. It would be better to refer to administrative cases.

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