2020-21 Procedure and Professional Ethics, Q18

Draft a certification against forum shopping.

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What is the legal effect if a plaintiff fails to attach a certification against forum shopping to an initiatory complaint?

Who is primarily required to sign the verification and certification against forum shopping under Rule 7?

Within what period must a party report to the court if they learn that a similar action has been filed in another tribunal?

What is the consequence of willful and deliberate forum shopping committed by a party and their counsel?

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Which of the following statements regarding verification under Section 4, Rule 7 is correct?

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1. Verification Requirements
Under Section 4, Rule 7 of the Rules of Court, pleadings need not be under oath unless specifically required by law or rule. Verification is required for complaints and initiatory pleadings to ensure that the allegations are made in good faith and based on authentic records or personal knowledge. A pleading is verified by an affidavit stating that the affiant has read the pleading and that the allegations therein are true and correct to the affiant's personal knowledge or based on authentic records. Verification is a formal, non-jurisdictional requirement, and defects therein may be cured by amendment.

2. Forum Shopping Prohibition
Section 5, Rule 7 of the Rules of Court mandates that the plaintiff or principal party must execute under oath a certification against forum shopping in every initiatory pleading. Forum shopping consists of filing multiple suits involving the same parties for the same cause of action in different courts to obtain a favorable judgment. The certification requires the affiant to declare under oath that no other similar action is pending, and to report any similar pending action within five calendar days of learning about it. Failure to comply with the certification requirement warrants dismissal without prejudice.

3. Execution by Principal
The certification against forum shopping must be signed and executed personally by the plaintiff or principal party under oath. Counsel cannot sign the certification on behalf of the client unless specifically authorized by a special power of attorney explaining the compelling reasons for the client's inability to sign personally. When there are multiple plaintiffs, all must sign the certification unless one is authorized to sign on behalf of the co-plaintiffs through a valid special power of attorney. Non-compliance with these execution rules constitutes a fatal defect resulting in the summary dismissal of the complaint.

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