Defective Verification and Certification Against Forum Shopping versus Merits of the Case in Labor Dispute

In filing a petition for certiorari with the Court of Appeals, the verification and certification against forum shopping is a mandatory requirement.

In one case, the employer asserts that the complainant did not submit a duly executed Verification and Certification of Non-Forum Shopping when he filed his Petition for Certiorari before the CA. It alleged that his signature therein was forged and the same may easily be ascertained when comp red with his signatures in the previous pleadings. The company insisted that this issue was raised before the appellate court but it was not passed upon. Hence, the Petition for Certiorari ought to have been dismissed outright. Notably, up until now, said employee refused to acknowledge or validate the authorship of the assailed signature. Due to the foregoing, the company insists that it was deprived of due process . [Telus International Philippines, Inc. vs. De Guzman, G.R. No. 202676, December 04, 2019]

In Traveño v. Bobongon Banana Growers Multi-Purpose Cooperative, the SC restated the jurisprudential pronouncements respecting non-compliance with the requirements on, or s;ubmission of defective, verification and certification against forum shopping:

1) A distinction must be made between non-compliance with the requirement on or submission of defective verification, and noncompliance with the requirement on or submission of defective certification against forum shopping.

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 mav be dispensed with in order that

the ends of justice may be served thereby.

3) Verification is deemed substantially complied with when one who has ample knowledge to swear to the truth of the allegations in the complaint or petition signs the verification, and when matters alleged in the petition have been made in good faith or are true and correct.

4) As to certification against forum shopping non-compliance therewith or a defect therein like in verification is generally not curable by its subsequent submission or correction thereof. Unless there is a need to relax the rule on the ground of “substantial compliance” or presence of “special circumstances or compelling reasons.”

5) The certification against forum shopping must be signed by all the plaintiffs or petitioners in a case; otherwise, those who did not sign will be dropped as parties to the case. Under reasonable or justifiable circumstances, however, as when all the plaintiffs or petitioner’s 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 hopping substantially complies with the Rule.

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 is unable to sign, he must execute a Special Power of Attorney designating his counsel of record to sign on his behalf.

The issue as to alleged defective Verification and Certification of Non­ Forum Shopping appended to the Petition for Certiorari filed before the appellate court is rendered moot given the full resolution of the said Petition.

The SC found that the court properly dispensed with the issue of the alleged defective Verification and Certification of Non-Forum Shopping given the overriding merits of the case. Indeed per jurisprudence, strict compliance with the Rule may be dispensed with in order that the ends of justice may be served thereby.

Moreover, the SC agreed with the complainant that a mere allegation of forgery will not suffice to declare the petition as defective. It is the employee’s own lookout to assail the alleged forgery at d as manifested, he is willing to attest to the authenticity of the signature if so required.

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