Substantial compliance rule applied in defective verification and anti-forum shopping certification

G

"x x x.


Anent respondents' alleged defective verification, the Court again notes that this issue was not raised before the MTCC. Even granting that this matter was properly raised before the court a quo, the Court finds that there is no procedural defect that would have warranted the outright dismissal of respondents' complaint as there is compliance with the requirement regarding verification.

Section 4, Rule 7 of the Rules of Court, as amended by A.M. No. 00-2-10-SC provides:

Sec. 4. Verification. – Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit.

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.

A pleading required to be verified which contains a verification based on “information and belief” or upon “knowledge, information and belief” or lacks a proper verification, shall be treated as an unsigned pleading.


A reading of respondents’ verification reveals that they complied with the abovequoted procedural rule. Respondents confirmed that they had read the allegations in the Complaint which were true and correct based on their personal knowledge. The addition of the words "to the best" before the phrase "of our own personal knowledge" did not violate the requirement under Section 4, Rule 7, it being sufficient that the respondents declared that the allegations in the complaint are true and correct based on their personal knowledge.20

Verification is deemed substantially complied with when, as in the instant case, 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.21

As to respondents' certification on non-forum shopping, a reading of respondents’ Verification/Certification reveals that they, in fact, certified therein that they have not commenced any similar action before any other court or tribunal and to the best of their knowledge no such other action is pending therein. The only missing statement is respondents' undertaking that if they should thereafter learn that the same or similar action has been filed or is pending, they shall report such fact to the court. This, notwithstanding, the Court finds that there has been substantial compliance on the part of respondents.

It is settled that with respect to the contents of the certification against forum shopping, the rule of substantial compliance may be availed of.22 This is because the requirement of strict compliance with the provisions regarding the certification of non-forum shopping merely underscores its mandatory nature in that the certification cannot be altogether dispensed with or its requirements completely disregarded.23 It does not thereby interdict substantial compliance with its provisions under justifiable circumstances, as the Court finds in the instant case.24

x x x."