July 2009 Philippine Supreme Court Decisions on Remedial Law

Here are selected July 2009 Philippine Supreme Court decisions on remedial law:

Action;  certification of non-forum shopping.  Under Section 3, par. 3, Rule 46 of the Rules of Court, a petition for certiorari must be verified and accompanied by a sworn certification of non-forum shopping. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records. On the other hand, a certification of non-forum shopping is a certification under oath by the plaintiff or principal party in the complaint or other initiatory pleading asserting a claim for relief or in a sworn certification annexed thereto and simultaneously filed therewith, (1) that he has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and no such other action or claim is pending therein; (2) if there is such other pending action or claim, a complete statement of the present status thereof; and (3) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.

The reason the certification of non-forum shopping is required to be accomplished by the plaintiff or principal party himself is because he has actual knowledge of whether he has initiated similar actions or proceedings in different courts or agencies. In case the plaintiff or principal party is a juridical entity, such as petitioner, the certification may be signed by an authorized person who has personal knowledge of the facts required to be established by the documents.

Although petitioner submitted a verification/certification of non-forum shopping, affiant Edgar L. Chavez had no authority to sign the verification/certification of non-forum shopping attached to the petition filed in the Court of Appeals. The records disclose that the authority of Chavez was to represent petitioner only before the NLRC. Moreover, the board resolution showing such authority was neither certified nor authenticated by the Corporate Secretary. The Corporate Secretary should have attested to the fact that, indeed, petitioner’s Board of Directors had approved a Resolution on August 11, 2005, authorizing Chavez, to file the petition and to sign the verification/certification of non-forum shopping.  Davao Contractors Development Cooperative (DACODECO), represented by Chairman of the Board Engr. L. Chavez vs. Marilyn A. Pasawa, G.R. No. 172174, July 9, 2009.

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March 2009 Decisions on Remedial Law

Here are selected March 2009 decisions of the Supreme Court on remedial law:

Appeal;  failure to file brief.  In a long line of cases, the Supreme Court has held that the authority of the Court of Appeals to dismiss an appeal for failure to file the appellant’s brief is a matter of judicial discretion. Thus, a dismissal based on this ground is neither mandatory nor ministerial; the fundamentals of justice and fairness must be observed, bearing in mind the background and web of circumstances surrounding the case.  In the present case, the petitioner blames its former handling lawyer for failing to file the appellant’s brief on time. This lawyer was allegedly transferring to another law office at the time the appellant’s brief was due to be filed. In his excitement to transfer to his new firm, he forgot about the appeal and the scheduled deadline; he likewise forgot his responsibility to endorse the case to another lawyer in the law office.  Under the circumstances of this case, the Supreme Court held the failure to file the appeal brief inexcusable.  Bachrach Corporation vs. Philippine Ports Authority, G.R. 159915, March 12, 2009.

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