Prepare the following:
a. Verification and Certification against Forum Shopping. (5%)
b. Petition for Letters Rogatory. (5%)
Suggested answer only. Not an official answer and not legal advice.
a. VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES) CITY OF MANILA) S.S.
I, JUAN DELA CRUZ, of legal age, after being sworn, state: 1. I am the Plaintiff in this case; 2. I caused the preparation of the foregoing pleading, read it, and its allegations are true and correct of my personal knowledge and authentic records; 3. I certify that I have not commenced any action involving the same issues in any court or agency; no such action is pending; and if I learn of any, I shall report it within 5 days.
(Sgd.) JUAN DELA CRUZ, Affiant SUBSCRIBED AND SWORN to before me this Nov. 3, 2026. Doc. 1; Page 1; Book I; Series of 2026. (Sgd.) NOTARY PUBLIC
b. PETITION FOR LETTERS ROGATORY
REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF MANILA, BRANCH 1
JUAN DELA CRUZ, Plaintiff, -versus- CIVIL CASE NO. 123 PEDRO SANTOS, Defendant. x--------------------------------x
PETITION FOR LETTERS ROGATORY
PLAINTIFF, through counsel, respectfully prays that Letters Rogatory be issued to the judicial authority of Tokyo, Japan, requesting it to take the deposition upon written interrogatories of witness KENJI SATO in Tokyo, Japan, to be used in this case, as taking deposition by commission is impracticable.
WHEREFORE, plaintiff prays that Letters Rogatory be issued.
Manila, Philippines, Nov. 3, 2026.
(Sgd.) ATTY. A, Counsel for Plaintiff Roll No. 12345 / IBP 67890 / PTR 11223
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Quick check
What is the primary purpose of a verification in a civil pleading under Rule 7 of the Rules of Court?
Verification assures the court that the pleading is filed in good faith and that the factual allegations are true.
Who must execute the certification against forum shopping attached to an initiatory pleading?
The certification against forum shopping must be signed personally by the party-litigant.
Under Rule 23 of the Rules of Court, what is a Letter Rogatory?
A letter rogatory is a request from a local court to a foreign judicial authority to take a deposition.
When is the issuance of Letters Rogatory appropriate for taking a deposition abroad?
Letters rogatory are issued when taking a deposition by commission is impracticable or ineffective.
What is the mandatory legal consequence of the complete absence of a certification against forum shopping?
Failure to attach a certification against forum shopping warrants dismissal of the initiatory pleading.
Learn more about these topics
1. Verification and Certification
Under Rule 7, Section 4 and Section 5 of the Rules of Court, a pleading required to be verified must contain an affidavit stating 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. Additionally, the certification against forum shopping is a mandatory requirement executed by the plaintiff or principal party certifying under oath that no other similar action or claim has been commenced or is pending in any court, tribunal, or quasi-judicial agency.
2. Forum Shopping Certification
The certification against forum shopping seeks to prevent the repetitive filing of identical actions across different judicial forums to obtain a favorable judgment. Failure to comply with the requirement of attaching a certification against forum shopping is generally non-curable and constitutes a cause for the dismissal of the complaint or initiatory pleading upon motion and hearing. The certification must be executed personally by the party-litigant unless compelling reasons exist justifying an authorized representative.
3. Letters Rogatory Procedure
Under Rule 23, Section 11 of the Rules of Court, when a deposition is to be taken in a foreign country, it may be taken on notice before a secretary of embassy or legation, consul general, consul, vice consul, or consular agent, or by commission or letters rogatory. A letter rogatory is an instrument issued by a local court requesting a foreign judicial authority to cause the examination of a witness within its foreign territorial jurisdiction when taking a deposition by commission is impracticable or ineffective.