- Petitioner
- Republic of the Philippines Represented By the Department of Education
- Respondent
- Carmel Development
- Citation
- G.R. No. 142572
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Carpio, J.
- Decided
- February 20, 2002
Summary
This case originated as a property recovery action where Carmel Development sought to recover land occupied by government schools. The Supreme Court ultimately dismissed the complaint due to procedural violations, specifically that the anti-forum shopping certification was signed by retained counsel rather than the principal party as required by Section 5, Rule 7 of the 1997 Rules of Civil Procedure. The Court clarified that Rule 46 governs original certiorari actions in the Court of Appeals, allowing either duplicate originals or certified true copies of assailed orders. The decision emphasizes strict compliance with procedural requirements, particularly the mandatory nature of proper anti-forum shopping certifications, and the need for courts to conduct hearings before ruling on motions alleging forum shopping or litis pendentia.