Compliance with Rule 7, Section 5 of the Revised Rules of Court
- All deportation complaints must comply with the certification against forum shopping as provided in Rule 7, Section 5.
Contents of Certification Against Forum Shopping
- The plaintiff or principal party must certify under oath, either in the complaint or swearing an annexed certification, that:
- (a) No previous action involving the same issues has been commenced or, to their knowledge, is pending in any court, tribunal, or quasi-judicial agency.
- (b) If such an action or claim is pending, a complete statement of its status must be provided.
- (c) If later they learn of another similar or same action/claim filed or pending, they must report to the court where the complaint was filed within five (5) days.
Consequences of Non-Compliance
- Failure to comply cannot be remedied by simply amending the complaint or initiatory pleading.
- Such failure is grounds for dismissal of the case without prejudice, except as otherwise provided, upon motion and hearing.
Penalties for False Certification or Non-Compliance
- Submission of false certification or failure to comply with undertakings constitute indirect contempt of court.
- Such acts do not preclude administrative and criminal sanctions.
Penalties for Willful and Deliberate Forum Shopping
- Clear acts of willful and deliberate forum shopping:
- Result in summary dismissal of the case with prejudice.
- Constitute direct contempt of court.
- Provide grounds for administrative sanctions against the party or counsel.
Scope and Limitations
- This Memorandum Order does not prevent the Bureau from taking appropriate action when immigration law violations are evident.
Effectivity
- The memorandum took effect immediately upon its adoption on June 2, 2003.
Authority
- Issued by Andrea D. Domingo, Commissioner.