2/21/2021SUPREME COURT REPORTS ANNOTATED VOLUME 790central.com.ph/sfsreader/session/00000177c4c6366740c19c08003600fb002c009e/t/?o=False1/22G.R. No. 204325. April 18, 2016.*LYNMAN BACOLOR, JEFFREY R. GALURA, HELEN B.TORRES, FRITZIE C. VILLEGAS, RAYMOND CANLASand ZHEILA C. TORRES,**petitioners, vs.VL MAKABALIMEMORIAL HOSPITAL, INC., ALEJANDRO S.MAKABALI, MELCHOR CATAMBING and DAX M.TIDULA, respondents.Remedial Law; Civil Procedure; Certification Against ForumShopping; Verification; Pleadings and Practice; In Altres v.Empleo, 573 SCRA 583 (2008), the Supreme Court (SC)summarized the basic tenets involving noncompliance with therequirements on, or filing of defective verification and certificateagainst forum shopping.—In Altres v. Empleo, 573 SCRA 583(2008), the Court summarized the basic tenets involvingnoncompliance with the requirements on, or filing of defectiveverification and certificate against forum shopping, to wit: 1) Adistinction must be made between noncompliance with therequirement on or submission of defective verification, andnoncompliance with the requirement on or submission of defectivecertification against forum shopping. 2) As to verification,noncompliance therewith or a defect therein does not necessarilyrender the pleading fatally defective. The court may order itssubmission or correction or act on the pleading if the attendingcircumstances are such that strict compliance with the Rule maybe dispensed with in order that the ends of justice may be servedthereby. 3) Verification is deemed substantially complied withwhen one who has ample knowledge to swear to the truth of theallegations in the complaint or petition signs the verification, andwhen matters alleged in the petition have been made in good faithor are true and correct. 4) As to certification against forumshopping, noncompliance therewith or a defect therein, unlike inverification, is generally not curable by its subsequent submissionor correction thereof, unless there is a need to relax the Rule onthe ground of “substantial compliance” or presence of “specialcircumstances or compelling reasons.” 5) The certification against
2/21/2021SUPREME COURT REPORTS ANNOTATED VOLUME 790central.com.ph/sfsreader/session/00000177c4c6366740c19c08003600fb002c009e/t/?o=False2/22forum shopping must be signed by all the plaintiffs or petitionersin a case; otherwise, those who did not sign will be dropped asparties 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.21VOL. 790, APRIL 18, 201621Bacolor vs. VL Makabali Memorial Hospital, Inc.petitioners share a common interest and invoke a commoncause of action or defense, the signature of only one of them in thecertification against forum shopping substantially complies withthe Rule. 6) Finally, the certification against forum shoppingmust be executed by the party-pleader, not by his counsel. If,however, for reasonable or justifiable reasons, the party-pleader isunable to sign, he must execute a Special Power of Attorneydesignating his counsel of record to sign on his behalf.