This case has been cited 2 times or more.
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2010-07-05 |
NACHURA, J. |
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| Administrative Circular No. 28-91, dated February 8, 1994, issued by the Supreme Court requires that every petition filed with the Supreme Court or the CA must be accompanied by a certificate of non-forum shopping. Later, Administrative Circular No. 04-94 was issued and made effective on April 1, 1994. It expanded the certification requirement to include cases filed in court and in quasi-judicial agencies. The Court adopted paragraphs (1) and (2) of Administrative Circular No. 04-94 to become Section 5, Rule 7 of the 1997 Rules of Civil Procedure. Significantly, to curb the malpractice of forum shopping, the rule ordains that a violation thereof would constitute contempt of court and be a cause for the summary dismissal of the petition, without prejudice to the taking of appropriate action against the counsel of the party concerned.[12] | |||||
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2007-02-09 |
CALLEJO, SR., J. |
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| In Land Car, Inc. v. Bachelor Express Inc. and Vallacar Transit, Inc.,[48] the Court ruled that the doctrine of exhaustion of administrative remedies empowers the OP to review any determination or disposition of a department head. In fact, the doctrine requires an administrative decision to first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review. Thus, if a remedy within the administrative machinery can still be had by giving the administrative officer concerned every opportunity to decide on the matter that comes within his jurisdiction, then such remedy should be priorly exhausted before the court's judicial power is invoked.[49] | |||||