Certification vs. forum shopping may be in manifestation form, SC rules

With respect to the second requisite, the records show that 14 days before the CA dismissed the petition for review, an "ex-parte manifestation" containing the requirements of a certification of non-forum shopping was already filed. Thus, the CA had no basis in ruling that there was no certification, although the same was in the form of a manifestation. If subsequent compliance with Circular 28-91, after a petition was dismissed for non-compliance was considered by the court as substantial compliance with the said Circular, with more reason should the petition for review be allowed in this case, in view of the compliance prior to the dismissal of the petition. [G.R. No. 121488. November 21, 1996]