EN BANC

[G.R. No. 117186. June 29, 1995.]

ALLAN M. LOYOLA, petitioner, 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.
JUDGE EDUARDO R. AVELINO, in his capacity as the Presiding
Judge of the MCTC, Macato-Tangalan, and ANICETO
FERNANDEZ III, respondents.

Lou Tirol, Isagani Fuentes & Nelson Loyola for petitioner.

Merle Fernandez for private respondent.

SYLLABUS

1. REMEDIAL LAW; CIVIL PROCEDURE; CERTIFICATION OF NON-FORUM

SHOPPING (ADMINISTRATIVE CIRCULAR NO. 04-94); RULE; MANDATORY
BUT NOT JURISDICTIONAL. — By the clear language of the second sanction imposed
by Administrative Circular No. 04-94, to wit: 2. Any violation of this Circular shall be a
cause for the dismissal of the complaint, petition, application or other initiatory pleading,
upon motion and after hearing. However any clearly wilful and deliberate forum
shopping by any party and his counsel through the filing of multiple complaints or other
initiatory pleadings to obtain favorable action shall be a ground for summary dismissal
thereof and shall constitute direct contempt of court. Furthermore, the submission of a
false certification or non-compliance with the undertakings therein, as provided in
Paragraph 1 hereof, shall constitute indirect contempt of court, without prejudice to
disciplinary proceedings against the counsel and the filing of a criminal action against the
guilty party. It is evident that the Circular is mandatory. It is not, however, jurisdictional.
Jurisdiction over the subject or nature of the action is conferred by law. Otherwise stated,
there is lack of jurisdiction over the nature of the action where the type of action is
reposed by law in certain other courts.

2. ID.; ID.; ID.; SUBSTANTIAL COMPLIANCE THEREWITH SUFFICIENT; CASE

AT BAR. — Substantial compliance with the Circular is sufficient. This Circular
expanded or broadened the applicability of Circular No. 28-91 of this Court. In Gabionza
vs. Court of Appeals, (234 SCRA 192) this Court held that substantial compliance
therewith is sufficient for: It is scarcely necessary to add that Circular No. 28-91 must be
so interpreted and applied as to achieve the purposes projected by the Supreme Court
when it promulgated that Circular. Circular No. 28-91 was designed to serve as an
instrument to promote and facilitate the orderly administration of justice and should not
be interpreted with such absolute literalness as to subvert its own ultimate and legitimate
objective or the goal of all rules of procedure — which is to achieve substantial justice as
expeditiously as possible. In this case, it is a fact that the certification of non-forum
shopping was filed by the private respondent on 19 May 1994, a day after he filed his
election protest. Since the proclamation of the results of the election was made by the
barangay board of canvassers on 10 May 1994, the private respondent, pursuant to
Section 9 of R.A. 6679, had ten days therefrom or until 20 May 1994 within which to file
an election protest. The filing of the certification was therefore still within the period for
filing an election protest. Accordingly, although the certification was not filed
simultaneously with the initiatory pleading, its filing within the reglementary period was
a substantial compliance with Administrative Circular No. 04-94.

3. ID.; ID.; ID.; APPLICABLE IN ELECTION CASES; CASE AT BAR. — We do not

agree with the MCTC that Administrative Circular No. 04-94 is not applicable to election
cases because it is merely amendatory of the Rules of Court and the latter, pursuant to
Rule 143 thereof, is not applicable to election cases. There is nothing in the Circular that
indicates that it does not apply to election cases. On the contrary, it expressly provides
that the requirements therein, which are in addition to those in pertinent provisions of the
Rules of Court and existing circulars, "shall be strictly complied with in the filing of
complaints, petitions, applications or other initiatory pleadings in all courts and agencies
other than the Supreme Court and the Court of Appeals." Ubi lex non distinguit, nec nos
distinguere debemus. Nor are we persuaded by its ruling that considering that the MCTC
has after all the original and exclusive jurisdiction over the election protest, the
certification was unnecessary since the private respondent could not have filed the case
anywhere else. The argument fails to consider the possibility of a party availing, rightly
or wrongly, of other legal remedies; or of filing the same election protest in more than
one MTC, despite the erroneous venues; or of even being unaware of the original
exclusive jurisdiction of the MTC over such election protests and filing one of the
protests in the RTC by mistake.

DECISION

DAVIDE, JR., J : p

After the issues were joined with the filing of the comments on the petition, we
resolved to decide this case on the merits in view of the novel issue presented,
namely, whether the public respondent Court of Appeals committed a reversible error
in dismissing the petitioner's petition for review and in upholding (a) the order of the
4th Municipal Circuit Trial Court (MCTC) of Macato-Tangalan, Aklan, of 30 May
1994 denying the petitioner's motion to dismiss Election Protest Case No. 94-02 based
on a claim that it was not accompanied by a certification of non-forum shopping
required in Administrative Circular No. 04-09 of this Court, and (b) the decision of
Branch 6 of the Regional Trial Court (RTC) of Kalibo, Aklan, of 13 June 1994,
denying the petitioner's petition for certiorari and mandamus to set aside the order of
the MCTC.
It appears that in the barangay election of 9 May 1994, the petitioner was
proclaimed on 10 May 1994 by the Barangay Board of Canvassers as the duly elected
Punong Barangay of barangay Poblacion of the Municipality of Tangalan, Aklan.
On 18 May 1994, private respondent Aniceto Fernandez III, the defeated
candidate for Punong Barangay, filed with the 4th MCTC of Macato-Tangalan an
election protest against the petitioner which was docketed as Election Protest Case
No. 94-02. On the same date, respondent Judge Eduardo R. Avelino of the said court
issued an order directing the issuance of summons to the petitioner, directing the latter
to answer the petition within five days from receipt thereof, and setting the hearings
of the case for 25 May to 31 May 1994. The protest was not accompanied by a
certification of non-forum shopping required under Administrative Circular No. 04-94
of this Court which took effect on 1 April 1994. However, the following day or on 19
May 1994, in compliance with the said circular, the private respondent submitted to
the MCTC his certification of non-forum shopping.
On 25 May 1994, the petitioner filed a motion to dismiss the protest for the
private respondent's failure to strictly comply with Administrative Circular No. 04-94.
He claims that the filing of the certification on 19 May 1994 was merely the private
respondents desperate attempt to cure the jurisdictional flaw of his petition.
On 30 May 1994, the MCTC issued an order denying the motion to dismiss
and, in support of the denial, it reasoned thus:

The issues to be resolved are the following:

"(a) Is Administrative Circular No. 04-94, a substantive Law or merely a

procedural law that governs pleading, practice or procedure?

(b) If it is a procedural law, it is strictly construed in accordance with its

terminology or it may be given a literal interpretation to give
effect to its spirit and purpose?

(c) Is it applicable to election protest for barangay offices where public

interests are involved?"

In pursuance to the provisions of the Constitution, the Supreme Court

promulgated the Rules of Court as a uniform rule governing pleading, practice
and procedure in all courts of the Philippines. In the exercise of said power and
authority, the Supreme Court issued several amendatory rules, one of which is
 Administrative Circular No. 04-94. Being a procedural law, the requirements of
said circular is not jurisdictional in character.
Rule 1, Sec. 2 of the Revised Rules of Court provides:
"These rules shall be liberally construed in order to promote their
object and to assist the parties in obtaining just, speedy, and inexpensive
determination of every action and proceeding."
A perusal of the record shows that protestant Aniceto D. Fernandez, III
submitted the required affidavit of Non-Forum Shopping on May 19, 1994, a
day after the filing of his petition. Although the affidavit in question was not
simultaneously filed with his petition, the Court considers the same as
substantial compliance.
If we look into the spirit and purpose of Administrative Circular No. 04-
94, it was apparently intended to curtail the pernicious practice of forum
shopping, which was considered as one of the factors that caused backlog in the
court dockets.
Obviously, a protestant in an election protest for barangay office cannot
conduct forum shopping in any other courts because the Omnibus Election Code
Confers the exclusive and original jurisdiction to try the same to the Municipal
Trial Court.
Election contest involves public interest. It imposed upon the court the
imperative duty to ascertain by all means within its command, the real candidate
who was chosen by the electorate. It has been postulated as a fundamental
principle in election cases, that technicalities or procedural barriers should not
be allowed to stand if the same would tend to defeat, rather than promote, the
interest of justice.
Rule 143 of the Revised Rules of Court states:
"These rules shall not apply to land registration, cadastral and
election cases, naturalization and insolvency proceedings, and other
cases, not herein provided for, except by analogy or in a suppletory
character and whenever practicable and convenient."
If the Court believes that the application of Administrative Circular No.
04-94 in its suppletory character is impracticable and inconvenient under the
circumstances, the same may not be strictly applied to election cases.
By legislative fiat the trial of election cases shall be conducted in a
summary manner without the cumbersome procedure prescribed for ordinary
litigations in order that its results may be determined in the shortest time
possible.
Contesting the denial of his motion to dismiss, the petitioner filed with Branch
6 of the RTC of Aklan a petition for certiorari and mandamus with damages and
attorney's fees. The case was docketed as Special Civil Action No. 4828. He prayed
therein that a temporary restraining order be issued enjoining respondent Judge
Avelino from proceeding with the hearing, revision, and recount in the election
protest case. He also prayed that, after hearing, Judge Avelino be directed to dismiss
the election protest and that the private respondent be ordered to pay to the petitioner
actual damages, attorney's fees, and litigation expenses.
In a decision rendered on 13 June 1994, the RTC of Aklan, per Judge Maria
Carillo Zaldivar, denied the petition for lack of merit. Regarding the submission of the
certification of non-forum shopping a day after the filing of the protest, it held that
"amendments and/or supplements to a complaint is a matter of right before the
Answer is filed."
It further ruled that Administrative Circular No. 04-94 does not apply to
election cases which are covered by a special law; in any event, the circular is
suppletory to the Rules of Court, and Section 2, Rule 1 of the latter provides that the
rules shall be liberally construed in order to promote their object and to assist the
parties in obtaining a just, speedy, and inexpensive determination of every action and
proceeding.
Finally, it opined that since the MCTC in this case is a single sala court, the
private respondent cannot go elsewhere but to such court; besides, Administrative
Circular No. 04-94 is a formal procedural requirement which could be cured before
the actual trial is conducted and that since the certification of non-forum shopping
was filed within a reasonable time before the petitioner filed his answer, the Circular
was substantially complied with.
His motion to reconsider the decision having been denied by the RTC, the
petitioner filed with the Court of Appeals a petition for review, docketed as CA-G. R.
SP No. 34695, to set aside the denial order of the MCTC and the decision of the RTC.
In its decision of 22 August 1994, the Court of Appeals dismissed the petition
because no error was committed by the MCTC and the RTC. It agreed with the said
courts that there was substantial compliance with Administrative Circular No. 04-94.
It further stated:
Moreover, while We believe that the Non-Forum Certification is
essential under the circular, same is not jurisdictional but only a formal
requirement, non-compliance therewith shall cause the dismissal of the action. It
is also mandatory but at the same time curable, especially so when timely or
seasonably complied with.
Failing in his bid to obtain a reconsideration of the decision, the petitioner
instituted the instant petition for review.
The core issues for our determination are (1) whether Administrative Circular
No. 04-94 is mandatory and jurisdictional; and (2) whether it is applicable in election
cases.
I.
By the clear language of the second sanction imposed by Administrative
Circular No. 04-94, to wit:
 2. Any violation of this Circular shall be a cause for the dismissal of the
Complaint, petition, application or other initiatory pleading, upon motion and
after hearing. However any clearly wilful and deliberate forum shopping by any
party and his counsel through the filing of multiple complaints or other
initiatory pleadings to obtain favorable action shall be a ground for summary
dismissal thereof and shall constitute direct contempt of court. Furthermore, the
submission of a false certification or non-compliance with the undertaking
therein, as provided in Paragraph 1 hereof, shall constitute indirect contempt of
court, without prejudice to disciplinary proceedings against the counsel and the
filing of a criminal action against the guilty party.
it is evident that the Circular is mandatory.
It is not, however, jurisdictional. Jurisdiction over the subject or nature of the
action is conferred by law. Otherwise stated, there is lack of jurisdiction over the
1

nature of the action where the type of action is reposed by law in certain other courts.
2
Substantial compliance with the Circular is sufficient. This Circular expanded
or broadened the applicability of Circular No. 28-91 of this Court. In Gabionza vs.
3

Court of Appeals, 4 this Court held that substantial compliance therewith is sufficient
for:
It is scarcely necessary to add that Circular No. 28-91 must be so
interpreted and applied as to achieve the purposes projected by the Supreme
Court when it promulgated that Circular. Circular No. 28-91 was designed to
serve as an instrument to promote and facilitate the orderly administration of
justice and should not be interpreted with such absolute literalness as to subvert
its own ultimate and legitimate objective or the goal of all rules of procedure —
which is to achieve substantial justice as expeditiously as possible.
In this case, it is a fact that the certification of non-forum shopping was filed
by the private respondent on 19 May 1994, a day after he filed his election protest.
Since the proclamation of the results of the election was made by the barangay board
of canvassers on 10 May 1994, the private respondent, pursuant to Section 9 of R.A.
6679, 5 had ten days therefrom until 20 May 1994 within which to file an election
protest. The filing of the certification was therefore still within the period for filing an
election protest. Accordingly, although the certification was not filed simultaneously
with the initiatory pleading, its filing within the reglementary period was a substantial
compliance with Administrative Circular No. 04-94.
The fact that the Circular requires that it be strictly complied with merely
underscores its mandatory nature in that it cannot be dispensed with or its
requirements altogether disregarded, but it does not thereby interdict substantial
compliance with its provisions under justifiable circumstances.
II.
 We do not agree with the MCTC that Administrative Circular No. 04-94 is not
applicable to election cases because it is merely amendatory of the Rules of Court and
the latter, pursuant to Rule 143 thereof, is not applicable to election cases. There is
nothing in the Circular that indicates that it does not apply to election cases. On the
contrary, it expressly provides that the requirements therein, which are in addition to
those in pertinent provisions of the Rules of Court and existing circulars, "shall be
strictly complied with in the filing of complaints, petitions, applications or other
initiatory pleadings in all courts and agencies other than the Supreme Court and the
Court of Appeals." Ubi lex non distinguit, nec nos distingure debemus.
Nor are we persuaded by its ruling that considering that the MCTC has after all
the original and exclusive jurisdiction over the election protest, the certification was
unnecessary since the private respondent could not have filed the case anywhere else.
The argument fails to consider the possibility of a party availing, rightly or wrongly,
of other legal remedies; or of filing the same election protest in more than one MTC,
despite the erroneous venues; or of even being unaware of the original exclusive
jurisdiction of the MTC over such protests and filing one of the protests in the RTC
by mistake.
WHEREFORE, the instant petition is DENIED and the Municipal Circuit Trial
Court of Macato-Tangalan, Aklan, is directed to proceed with dispatch in the hearing
and resolution of Election Protest Case No. 94-02. This decision is immediately
executory.
Costs against the petitioner.
SO ORDERED.