G.R. No.

117186 June 29, 1995

EN BANC

DAVIDE, JR., J.:

ALAN 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. EDUARDO R. AVELINO, in his capacity as the presiding Judge of the MCTC, Macato-Tangalan, and ANICETO FERNANDEZ III, respondents. ALAN M. LOYOLA vs. COURT OF APPEALS 245 SCRA 477 Facts: In the barangay election of May 1994, petitioner was proclaimed by the Barangay Board of Canvassers as the duly elected Punong Barangay of Poblacion, Tangalan, Aklan on May 10, 1994. Private respondent Fernandez filed an election protest against the petitioner on May 18, 1994. However, the petition was not accompanied by a certification of non- forum shopping required under Administrative Circular No. 04-94 of the Supreme Court. The following day, May 1994, the private respondent submitted to the MCTC his certification of non-forum shopping. On May 25, 1994, petitioner filed a motion to dismiss the protest due to private respondents failure to strictly comply with the Circular. The MCTC issued an order denying the motion to dismiss. The RTC of Aklan denied the petition for certiorari filed by petitioner for lack of merit. Issue: Whether Administrative Circular No. 04-94 is mandatory and jurisdictional, and whether it is applicable in election cases. Held: The filing of the certification was within the period for filing an election protest. When petitioner was proclaimed as the Punong Barangay on May 10, 1994, respondent has ten days from such proclamation within which to file the election protest. In this case, when respondent filed his certificate of non-forum shopping on My 19, 1994, it was within the reglementary period provided for in the Omnibus Election Code, thus, he still has until May 20, 1994 to complete the requirements of his petition. Also, the fact that the Circular requires that it should be strictly complied with merely under serves its mandatory nature in that it cannot dispensed with or its requirements altogether disregarded, but it does not thereby interdict substantial compliance with its provisions under justifiable circumstances. 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 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.