Defective, verification and certification against forum shopping
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The petitioner and her late husband entered into a lease contract with the respondent on September 20, 2012.
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They failed to pay the monthly rentals starting April 1, 2017.
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The respondent sent demand letters to pay and vacate, but the petitioner remained in possession of the property.
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The MeTC granted the complaint for unlawful detainer, and the RTC affirmed the decision.
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The CA dismissed the petitioner's petition for certiorari due to procedural infirmities.
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Whether the CA committed reversible error in dismissing the petitioner's petition for certiorari.
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Whether the petitioner substantially complied with the requirements of verification and certification against forum shopping.
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The CA did not commit reversible error in dismissing the petitioner's petition for certiorari.
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The petitioner did not substantially comply with the requirements of verification and certification against forum shopping.
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The petitioner's failure to attach the required documents and the defective verification and certification against forum shopping justified the CA's dismissal of the petition.
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The RTC decision had already become final and executory by operation of law.
In Quitalig v. Quitalig, the Supreme Court reiterated the following guidelines as well as exceptions with respect to non-compliance with the requirements on, or submission of a defective, verification and certification against forum shopping, viz.:
1) A distinction must be made between non-compliance with the requirement on or submission of defective verification, and non-compliance 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 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, non-compliance 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 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 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.
Applying these guidelines here, the dismissal of the CA petition was warranted. A review of the alleged subsequent correction and submission by the petitioner shows that the same was still inadequate. As observed by the CA, the verification and a certificate against forum shopping lack attestation. In addition, petitioner merely submitted the first page of her Position Paper and nothing more. Evidently, the averred subsequent submission made by petitioner is far from substantial.
It is stressed that the right to appeal is neither a natural right nor is it a component of due process. It is a mere statutory privilege, and may be exercised only in the manner and in accordance with the law and rules.
It has been repeatedly emphasized that the rules of procedure should be treated with utmost respect and due regard since they are designed to facilitate the adjudication of cases to remedy the worsening problem of delay in the resolution of rival claims and in the administration of justice. Procedural rules must be faithfully complied with and should not be discarded with the mere expediency of claiming substantial merit. The relaxation or suspension of procedural rules or the exemption of a case from their operation is warranted only by compelling reasons or when the purpose of justice requires it. No compelling or justifiable reason was offered by the petitioner in this case.
Judgments or orders become final and executory by operation of law and not by judicial declaration. The finality of a judgment becomes a fact upon the lapse of the reglementary period of appeal if no appeal is perfected or no motion for reconsideration or new trial is filed. The court need not even pronounce the finality of the order as the same becomes final by operation of law.
Indeed, a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the Highest Court of the land. Any act which violates this principle must immediately be struck down.
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