16 - Bacolor, et al. vs. Makabali Memorial Hospital, Inc., et al..pdf

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2/21/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 790 central.com.ph/sfsreader/session/00000177c4c6366740c19c08003600fb002c009e/t/?o=False 1/22 G.R. No. 204325. April 18, 2016. * LYNMAN BACOLOR, JEFFREY R. GALURA, HELEN B. TORRES, FRITZIE C. VILLEGAS, RAYMOND CANLAS and ZHEILA C. TORRES, ** petitioners, vs. VL MAKABALI MEMORIAL HOSPITAL, INC., ALEJANDRO S. MAKABALI, MELCHOR CATAMBING and DAX M. TIDULA, respondents. Remedial Law; Civil Procedure; Certification Against Forum Shopping; Verification; Pleadings and Practice; In Altres v. Empleo, 573 SCRA 583 (2008), the Supreme Court (SC) summarized the basic tenets involving noncompliance with the requirements on, or filing of defective verification and certificate against forum shopping. —In Altres v. Empleo , 573 SCRA 583 (2008), the Court summarized the basic tenets involving noncompliance with the requirements on, or filing of defective verification and certificate against forum shopping, to wit: 1) A distinction must be made between noncompliance 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, noncompliance 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 may 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, noncompliance therewith or a defect therein, unlike 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
2/21/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 790 central.com.ph/sfsreader/session/00000177c4c6366740c19c08003600fb002c009e/t/?o=False 2/22 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 _______________ * SECOND DIVISION. ** Referred to as Cortez in some parts of the records. 21 VOL. 790, APRIL 18, 2016 21 Bacolor vs. VL Makabali Memorial Hospital, Inc. petitioners 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 shopping 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.

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