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VERIFICATION/CERTIFICATION LEGAL FORMS | 3c |

2017

Verification vs. anti-forum shopping certification; defective vs.


absence; rule of liberality explained - G.R. No. 154704
3) Verification is deemed substantially complied with when one who
has ample knowledge to swear to the truth of the allegations in
"x x x. the complaint or petition signs the verification, and when
matters alleged in the petition have been made in good faith or
In this regard, the case of Oldarico S. Traveno v. Bobongon Banana are true and correct.
Growers Multi-Purpose Cooperative,[10] is enlightening:

Respecting the appellate courts dismissal of 4) As to certification against forum shopping, non-compliance
petitioners appeal due to the failure of some of them to sign the therewith or a defect therein, unlike in verification, is generally
therein accompanying verification and certification against not curable by its subsequent submission or correction thereof,
forum-shopping, the Courts guidelines for the bench and bar unless there is a need to relax the Rule on the ground of
in Altres v. Empleo, which were culled from jurisprudential substantial compliance or presence of special circumstances
pronouncements, are instructive: or compelling reasons.

For the guidance of the bench and bar, the Court 5) The certification against forum shopping must be signed by all the
restates in capsule form the jurisprudential pronouncements plaintiffs or petitioners in a case; otherwise, those who did not
already reflected above respecting non-compliance with the sign will be dropped as parties to the case. Under reasonable or
requirements on, or submission of defective, verification and justifiable circumstances, however, as when all the plaintiffs or
certification against forum shopping: petitioners share a common interest and invoke a common
cause of action or defense, the signature of only one of them in
the certification against forum shopping substantially complies
with the Rule.
1) A distinction must be made between non-compliance with the
requirement on or submission of defective verification, and non-
compliance with the requirement on or submission of defective
certification against forum shopping. 6) Finally, the certification against forum shopping must
be executed by the party-pleader, not by his counsel. If,
however, for reasonable or justifiable reasons, the party-pleader
Page 1 of 3 is unable to sign, he must execute a Special Power of Attorney
designating his counsel of record to sign on his behalf.
2) As to verification, non-compliance therewith or a defect therein
does not necessarily render the pleading fatally defective. The
Court may order its submission or correction or act on the
pleading if the attending circumstances are such that strict
compliance with the Rule may be dispensed with in order that
the ends of justice may be served thereby.
VERIFICATION/CERTIFICATION LEGAL FORMS | 3c |
2017

RE: AMENDMENTS TO SECTION 4, RULE 7 AND SECTION 13, RULE 41 OF


THE 1997 RULES OF CIVIL PROCEDURE.

For the information and guidance of all concerned, quoted hereunder are the
amended provisions in the 1997 Rules of Civil Procedure: (a) Section 4 of Rule 7:
and (b) Section 13 of Rule 41, to wit:chanroblesvirtuallawlibrary

"RULE 7

Sec. 4. Verification. - Except when otherwise specifically required by law or rule,


pleadings need not be under oath, verified or accompanied by affidavit.

A pleading is verified by an affidavit that the affiant has read the pleading and that
the allegations therein are true and correct of his personal knowledge or based on
authentic records.

A pleading required to be verified which contains a verification based on


CIRCULAR NO. 48-2000 "information and belief, or upon "knowledge, information and belief," or lacks a
proper verification, shall be treated as an unsigned pleading. (4a)

TO: THE COURT OF APPEALS, SANDIGANBAYAN, COURT OF


TAX APPEALS, REGIONAL TRIAL COURTS, SHARI'A DISTRICT "RULE 41
COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL SEC 13. Dismissal of appeal.- Prior to the transmittal of the original record or the
record on appeal to the appellate court, the trial court may, motu proprio or on
CIRCUIT TRIAL COURTS AND SHARI'A CIRCUIT COURTS.
Page 2 motion,
of 3 dismiss the appeal for having been taken out of time or non-payment of
the docket and other lawful fees within the reglementary period.(13a)"

SUBJECT: A.M. No. 00-2-10-SC.


The foregoing amendments took effect last May 1, 2000.
VERIFICATION/CERTIFICATION LEGAL FORMS | 3c |
2017

August 29, 2000. 4.1 I have not filed any other case involving the same facts and parties in the
Regional Trial Court, the Court of Appeals, the Supreme Court or any
other court or tribunal;
[Sgd.] ALFREDO L. BENIPAYO 4.2 To the best of my knowledge, no such case has been filed or been
dismissed in the Regional Trial Court, the Court of Appeals, the Supreme
Court Administrator Court or any other court or tribunal;
Republic of the Philippines) 4.3 Should any such similar case come to my knowledge, I undertake to
Makati City, Metro Manila ) S.S. inform the court within five (5) days from such notice.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ______ 1999 in
Makati City, Metro Manila.
VERIFICATION/CERTIFICATION
I, ANTONIO L. MAYOR, under oath, respectfully state:
ANTONIO L. MAYOR

1. I am the President of plaintiff corporation in the above-entitled case; SUBSCRIBED AND SWORN to before me this ___ day of _____ 1999 in Makati City,
Upon the instruction and authority of plaintiff, I caused the preparation and Metro Manila, affiant exhibiting to me his Community Tax Certificate No.
filing of the foregoing Complaint; ________issued on _________ at ___________.
2 Upon the instruction and authority of plaintiff, I caused the preparation and
filing of the foregoing Complaint; Doc. No. ___;
3 I have read the foregoing pleading and attest to the truth in the allegations Page No. ___;
therein of my own personal knowledge and on the basis of the records; Book No. ___;
Series of 1999
4 I hereby certify that:

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