2025 Remedial Law, Q5

A filed a complaint for breach of contract against XYZ Entertainment Company. A’s verification contained a single statement that she attests to the truth and correctness of the allegations in the complaint based on her personal knowledge or on authentic documents. XYZ Entertainment Company prayed that the complaint be dismissed due to its “defective verification”. Decide with reason(s).

Quick check

How should the court rule on XYZ Entertainment Company's prayer to dismiss the complaint due to a defective verification?

Which of the following is NOT a required statement in a proper verification under Rule 7, Section 4 of the Rules of Civil Procedure?

What is the legal effect of a defective verification on a complaint filed before a trial court?

Why does Philippine procedural law liberally construe rules governing the verification of pleadings?

What is the proper course of action for a court when presented with a pleading containing an incomplete verification?

Learn more about these topics

1. Verification Requirements
Under Rule 7, Section 4 of the 2019 Amendments to the Rules of Civil Procedure, a verification requires a specific attestation. The affiant must state under oath that the pleading is true and correct based on personal knowledge or authentic documents, that it is not filed to harass, cause unnecessary delay, or needlessly increase litigation costs, and that the factual allegations have evidentiary support. Omission of any of these required statements renders the verification defective under procedural rules.

2. Formal Defect
Verification is a formal requirement intended to ensure good faith in pleadings, but it is not jurisdictional. A defect in verification does not automatically deprive the court of jurisdiction over the subject matter or person. Courts liberally construe rules regarding verification to serve the ends of substantial justice, preferring to resolve cases on their merits rather than dismissing complaints on purely technical or formal deficiencies.

3. Substantial Compliance
When a complaint suffers from a defective verification, the proper judicial remedy is not immediate dismissal. Courts routinely grant the party an opportunity to cure the formal defect by submitting a corrected or amended verification within a reasonable period. Outright dismissal is justified only if the party refuses to comply with a court order to correct the deficiency or demonstrates willful disregard for procedural rules.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026