2016 Remedial Law, Q12

Tailors Toto, Nelson and Yenyen filed a special civil action for certiorari under Rule 65 from an adverse decision of the National Labor Relations Commission (NLRC) on the complaint for illegal dismissal against Empire Textile Corporation. They were terminated on the ground that they failed to meet the prescribed production quota at least four (4) times. The NLRC decision was assailed in a special civil action under Rule 65 before the Court of Appeals (CA). In the verification and certification against forum shopping, only Toto signed the verification and certification, while Atty. Arman signed for Nelson. Empire filed a motion to dismiss on the ground of defective verification and certification. Decide with reasons. (5%)

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What is the general rule regarding the execution of a certification against forum shopping in a multi-petitioner complaint?

When does the signature of only one petitioner on a certification against forum shopping constitute substantial compliance?

Why is a verification requirement in a court pleading generally treated by courts as a formal rather than jurisdictional defect?

Can an attorney validly sign a certification against forum shopping on behalf of a client without a special power of attorney?

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What is the legal effect on a Rule 65 petition if co-employees share a common cause of action and only one signs the certification against forum shopping?

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1. Verification and Certification
Under Rule 7 of the Rules of Court, pleadings must be verified by an affidavit stating that the affiant has read the pleading and that the allegations are true and correct. In addition, the principal party must execute a sworn certification against forum shopping certifying under oath that no other similar action or claim has been filed or is pending in any court or tribunal. While verification is a formal requirement, certification against forum shopping is mandatory and strict compliance is generally required to prevent non-compliance and multi-forum litigation.

2. Substantial Compliance Doctrine
Under settled jurisprudence, the requirement that all petitioners must sign the certification against forum shopping admits of exceptions under the doctrine of substantial compliance. When petitioners share a common interest and invoke a single, indivisible cause of action, the execution of the certification against forum shopping by one of the petitioners is deemed sufficient. This exception applies to co-employees who share a common cause of action in illegal dismissal cases, as their claims arise from identical facts and issues.

3. Verification by Counsel
As a general rule, an attorney or legal counsel cannot sign the certification against forum shopping on behalf of a client without a specific special power of attorney. The certification must be executed by the principal party who has personal knowledge of the facts. However, when one co-petitioner sharing a common cause of action validly executes the certification against forum shopping, any defect in the authorization of counsel for co-petitioners becomes immaterial under the substantial compliance rule.

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