BI MEMORANDUM ORDER NO. ADD-03-009

: The plaintiff must certify under oath that they have not commenced any other action involving the same issues in any court, tribunal, or quasi-judicial agency and to the best of their knowledge, no such action or claim is pending.
: The plaintiff must report this fact within five (5) days to the court where the original complaint or pleading was filed.
: Failure to comply is cause for dismissal of the case without prejudice upon motion and after hearing, and such failure is not curable by mere amendment of the complaint.
: Submission of a false certification or non-compliance constitutes indirect contempt of court and may also result in administrative and criminal actions.
: If the acts of the party or counsel show willful and deliberate forum-shopping, it can lead to summary dismissal with prejudice and constitute direct contempt and grounds for administrative sanctions.
: No, the Bureau can still take appropriate action if violations of immigration law are clear, despite the certification requirements.
: Forum-shopping refers to the practice of filing multiple suits based on the same cause of action in different courts or tribunals to obtain a favorable judgment.
: The Memorandum took effect immediately upon its issuance on June 2, 2003.