Republic of the
Supreme Court
FIRST DIVISION
ROLANDO CLAVECILLA, G.R. No. 147989
Petitioner,
Present:
PANGANIBAN,
C.J.,
(Chairperson)
YNARES-SANTIAGO,
- versus - AUSTRIA-MARTINEZ,
CALLEJO,
SR., and
CHICO-NAZARIO,
JJ.
TERESITO QUITAIN and
RICO QUITAIN, et al., Promulgated:
Respondents. February
20, 2006
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AUSTRIA-MARTINEZ, J.:
Before this Court is a petition for
review on certiorari assailing the Resolution[1]
of the Court of Appeals (CA) dated October 5, 2000 which dismissed Rolando Clavecilla’s petition on the ground that the verification
and certification of non-forum shopping was signed by counsel without the
proper authority from petitioner, as well as the Resolution dated March 28,
2001[2]
which denied petitioner’s motion for reconsideration.
The facts are as follows:
Teresito and Rico Quitain (Quitains) filed on
1. That the respondent (Clavecilla) agreed to purchase the property on
2. Failure to pay the property
on the said date the respondent will voluntarily vacate the place with the
assistance of five thousand (P5,000.00) pesos only.
3. The complainant (Rico Quitain) agreed to the demand of the respondent.[3]
The Quitains alleged that Clavecilla failed to pay the amount agreed upon and six months had already passed since the agreement was entered into and yet Clavecilla has still not left the premises.[4]
Clavecilla answered that the
x x x
1. That both parties agreed to
meet again on
2. That on
3. Price per sq.m. P1,000.00 only.
4. Failure to accomplished
(sic) this P5,000.00 assistance for
their effort.
5. All agreement is final upon
signing.[6]
x x x
Clavecilla claims that on
On
Clavecilla
filed a notice of appeal.[10]
On
Clavecilla
filed a Motion for Reconsideration and For Leave of Court to Admit Appeal
Memorandum claiming that his counsel was not able to file the memorandum on
appeal on time since said counsel was diagnosed with pneumonia and had to rest
for more than ten days.[12] Clavecilla then
filed an Appeal Memorandum claiming that the MTCC erred in rendering judgment
against him since he did not sign the agreement but it was his wife Erlinda who signed the same without authority from him.[13]
On July 5, 2000, the RTC denied Clavecilla’s motion stating that the reason advanced by Clavecilla’s counsel for his failure to file the appeal
memorandum on time is not a compelling reason, and even if such memorandum was
given due course, the arguments raised by Clavecilla
therein are not sufficient to justify a reversal of the Decision of the lower
court.[14]
Petitioner filed another motion for
reconsideration dated
On
The Verification and Certification of non-forum shopping,
which accompanied the petition at bench, was executed and signed by
petitioner’s counsel Atty. Oswaldo A. Macadangdang, without the proper authority from petitioner,
in violation of Sec. 5, Rule 7 and Sec. 2, Rule 42 of the 1997 Rules of Civil
Procedure. The duty to certify under
oath is strictly addressed to petitioner, Rolando Clavecilla. To allow delegation of said duty to anyone
would render Revised Circular No. 28-91 inutile.[16]
x x
x
x x
x x
Accordingly,
the Court Resolves to DENY DUE COURSE and to DISMISS the
petition.
SO ORDERED.[17]
Petitioner’s motion for
reconsideration was also denied on
Petitioner moves for the reconsideration of our
Resolution dated
Admitting that the duty to sign under oath the
certificate is addressed to the petitioner, petitioner attached to his motion a
Special Power of Attorney dated
In any event, it is a settled rule that the certificate
against forum shopping must be executed by the petitioner and not by counsel.
xxx To merit the Court’s Consideration, petitioner must show reasonable cause
for failure to personally sign the certification. x x
x This petitioner failed to show. (citations omitted)
WHEREFORE, the Motion for Reconsideration is DENIED for
lack of merit.
SO ORDERED.[18]
Hence, the present petition alleging that:
THE HONORABLE COURT OF APPEALS ERRED IN DEPARTING FROM
THE ACCEPTED JURISPRUDENCE OF ALLOWING LIBERAL INTERPRETATION OF THE RULES OF
COURT PROVIDED PETITIONER SUBSTANTIALLY COMPLIED WITH CIRCULAR NO. 28-91 AS
SHOWN IN THE SPECIAL POWER OF ATTORNEY WHICH HE ATTACHED TO HIS MOTION FOR
RECONSIDERATION.[19]
Petitioner avers that: his lawyer had
the authority to sign the certification against forum shopping; the CA was
hasty in concluding that the authorization of petitioner’s lawyer was made
after the petition had been filed; the CA should have granted petitioner the
benefit of the doubt that he gave such authorization to his lawyer at the time
that his lawyer signed the verification and certification against forum shopping;
petitioner’s failure to have a properly executed certification against forum
shopping attached to his petition for review is not fatal; the rules of
procedure are used only to help secure and not override substantial justice,
and the CA departed from the established liberal interpretation of the rules
despite petitioner’s substantial compliance with the rule on non-forum
shopping.[20]
Rico Quitain
in his Comment countered that: the petition is not sufficient in form and
substance and is utterly deficient in factual and procedural bases; petitioner
named “Teresito Quitain,
Rico Quitain, et
al.” as respondents without specifying who “et al.” referred to; Teresito Quitain is already
deceased and the MTCC as early as June 5, 1998 already ordered Teresito’s substitution; the spouse and children of Teresito, to wit, Lolita, Rene, Ruel,
Radi and Romy, all surnamed
Quitain, have the right to be informed of the filing
of the petition and the fact that they were not so specifically named as
respondents but were referred to as “et al.” makes the petition a sham
pleading; petitioner failed to attach certified true copies of the MTCC Decision
dated March 8, 2000 and the RTC Order dated July 5, 2000 which should have been
included as annexes in the present petition as they are material to the case,
and the petition does not allege a good and valid defense which, if
appreciated, could probably cause the reversal of the July 5, 2000 and March 8,
2000 issuances.[21]
The parties filed their respective
Memoranda reiterating their respective contentions.[22]
After evaluating the records of the
case and the issues raised by the parties, the Court finds that the CA did not
err in denying the petition and motion for reconsideration filed by Clavecilla before it.
The Court however finds different grounds for denying Clavecilla’s petition.
First, it must be determined whether
there existed a special power of attorney in favor of petitioner’s counsel when
the petition before the CA was filed.
The CA in
its Resolution dated March 28, 2001, stated that it believes that the special power
of attorney in favor of the lawyer attached to petitioner’s motion for
reconsideration was only made after the petition had been filed reasoning that
if the counsel had such authority from the beginning, he would have attached
the same when the petition was first filed.
The Court
disagrees.
The
rule is that any suspicion on the authenticity and due execution of the special
power of attorney which is a notarized document, thus a public document, cannot
stand against the presumption of regularity in their favor absent evidence that
is clear, convincing and more than merely preponderant.[23]
In this
case, the petition before the CA was filed on
The next matter to be determined is
whether the CA was correct in dismissing Clavecilla’s
petition and motion for reconsideration, notwithstanding the authority given by
Clavecilla in favor of his lawyer to sign the
verification and certification in his behalf.
The Court
answers in the affirmative.
Obedience
to the requirements of procedural rules is needed if we are to expect fair
results therefrom, and utter disregard of the rules
cannot justly be rationalized by harking on the policy of liberal construction.[26] Time and again, this Court has strictly
enforced the requirement of verification and certification of non-forum
shopping under the Rules of Court.[27] This case is no exception.
Verification
is required to secure an assurance that the allegations of the petition have
been made in good faith, or are true and correct and not merely speculative.[28]
In this
case, petitioner’s counsel signed the verification alleging that he had read
the petition and the contents thereof are true and correct of his own
“knowledge and belief.”[29]
On this ground alone, the petition
should already be dismissed for as provided for in Section 4 Rule 7 of the
Rules of Court, as amended by A.M. No. 00-2-10-SC dated
Sec. 4. Verification.
---xxx
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.
While the Court has exercised leniency
in cases where the lapse in observing the rules was committed when the rules
have just recently taken effect,[30]
the attendant circumstances in this case however do not warrant such leniency.
The certification against forum
shopping in this case was signed by petitioner’s counsel despite the clear
requirement of the law that petitioners themselves must sign the
certification. The certification must be
made by petitioner himself and not by counsel, since it is petitioner who is in
the best position to know whether he has previously commenced any similar
action involving the same issues in any other tribunal or agency.[31] And the lack of a certification against forum
shopping, unlike that of verification, is generally not cured by its submission
after the filing of the petition.[32]
As explained by this Court in Gutierrez
v. Sec. of Dept. of Labor and Employment:[33]
x x
x [T]he
certification (against forum shopping) must be signed by the plaintiff or any
of the principal parties and not by the attorney. For such certification is a peculiar personal
representation on the part of the principal party, an assurance given to the
court or other tribunal that there are no other pending cases involving
basically the same parties, issues and causes of action.
x x x
Obviously it is the petitioner, and not always the counsel whose professional
services have been retained for a particular case, who is in the best position
to know whether he or it actually filed or caused the filing of a petition in
that case. Hence, a certification
against forum shopping by counsel is a defective certification.[34]
In
Mariveles Shipyard Corp. v. Court of
Appeals,[35]
this Court further elucidated that:
x x x
In the case of natural persons, the Rule requires the parties themselves to
sign the certificate of non-forum shopping.
x x x [I]n the case
of the corporations, the physical act of signing may be performed, on behalf of
the corporate entity, only by specifically authorized individuals for the
simple reason that corporations, as artificial persons, cannot personally do
the task themselves.[36]
(emphasis supplied)
In the case
of Santos v. Court of Appeals,[37]
the Court further clarified, that even with a special power of attorney
executed by the petitioners in favor of their counsel to sign the certification
on their behalf, still the rule stands.
Thus:
We are aware of our ruling
in BA Savings Bank v. Sia that a certification
against forum shopping may be signed by an authorized lawyer who has personal
knowledge of the facts required to be disclosed in such document. However, BA Savings Bank must be
distinguished from the case at bar because in the former, the complainant was a
corporation, and hence, a juridical person.
Therefore, that case made an exception to the general rule that the certification
must be made by the petitioner himself since a corporation can only act through
natural persons. In fact, physical
actions, e.g., signing and delivery of documents, may be performed on behalf of
the corporate entity only by specifically authorized individuals. In the instant case, petitioners are all
natural persons and there is no showing of any reasonable cause to justify
their failure to personally sign the certification. It is noteworthy that
PEPSI in its Comment stated that it was petitioners themselves who executed the
verification and certification requirements in all their previous
pleadings. Counsel for petitioners
argues that as a matter of policy, a Special Power of Attorney is
executed to promptly and effectively meet any contingency relative to the
handling of a case. This argument only
weakens their position since it is clear that at the outset no justifiable
reason yet existed for counsel to substitute petitioners in signing the
certification. In fact, in the case of
natural persons, this policy serves no legal purpose. Convenience cannot be made the basis for a
circumvention of the Rules.[38] (emphasis supplied)
While there
are cases when the Court has relaxed the rule requiring that in case of a
natural person, he shall personally sign the non-forum shopping certification,
in such cases the Court found compelling and justifiable reasons to relax
observance of the rules.
In Donato v. Court of Appeals[39]
and Wee v. Galvez[40]
the Court noted that the petitioners were already in the
No such justifiable or compelling
reasons exist in the case at bar.
In this case, petitioner did not
present any cause for his failure to personally sign the certification against
forum shopping at the time that the petition was filed at the CA. He merely acknowledged in his motion for
reconsideration of the
There is also no showing that there is
substantial merit in petitioner’s claims.
In his petition before the CA and in his Appeal Memorandum filed with
the RTC, petitioner argues that he is not a party to the amicable settlement as
it was his wife who signed the same without authority from him.[45] Petitioner in his Answer however admitted
having entered into an agreement with the Quitains,
before the lupon of their barangay on
Petitioner also claims that the
Novation
cannot be presumed but must be clearly shown either by the express assent of the
parties or by the complete incompatibility between the old and the new
agreements.[47] In this case, the
Records also show that Rico Quitain was ready to comply with his part of the agreement
as he was present at the barangay on P5,000.00
to the court, which is the amount he agreed to give Clavecilla
to assist him and his family when they leave the property.[49]
As correctly pointed out by the RTC, even if petitioner’s appeal was allowed to proceed, still the arguments raised are not sufficient to overturn the ruling of the MTCC.
It is also worth mentioning that the
petitioner erred in including the name of Teresito in
the caption of the petition and using only the phrase “et al.” to refer to the
heirs who substituted him after his death.
As pointed out by respondent Rico Quitain, Teresito is already deceased and was already substituted by
his heirs, namely: Lolita, widow of Teresito, Rene, Ruel, Radi, and Romy, sons of Teresito, in the
Order of the MTCC dated
WHEREFORE, the petition is DENIED
for lack of merit. Costs against
petitioner.
SO ORDERED.
MA. ALICIA AUSTRIA-MARTINEZ
Associate Justice
WE CONCUR:
ARTEMIO V.
PANGANIBAN
Chief Justice
Chairperson
CONSUELO YNARES-SANTIAGO ROMEO
J. CALLEJO, SR.
Associate Justice Associate Justice
MINITA V.
CHICO-NAZARIO
Associate Justice
CERTIFICATION
Pursuant to Section 13, Article VIII of the
Constitution, it is hereby certified that the conclusions in the above Decision
were reached in consultation before the case was assigned to the writer of the
opinion of the Court’s Division.
ARTEMIO V.
PANGANIBAN
Chief Justice
[1] Rollo, pp. 33-34, penned by Associate Justice Romeo Brawner (now retired) and concurred in by Associate Justices Cancio C. Garcia (now Associate Justice of this Court) and Andres P. Reyes, Jr.
[2]
[3] Records, p. 8.
[4]
[5]
[6]
[7] Supra, note 5.
[8]
[9]
[10]
[11]
[12]
[13]
[14]
[15]
[16] Citing
[17] Rollo, pp. 33-34.
[18]
[19]
[20]
[21]
[22]
[23] Ateneo de Naga University
v. Manalo, G.R. No. 160455,
[24] CA rollo, p. 9.
[25]
[26] Mariveles Shipyard Corp. v. Court of Appeals, G.R. No. 144134, November 11, 2003, 415 SCRA 573, 584.
[27] Pagtalunan v. Manlapig,
G.R. No. 155738,
[28] Torres v. Specialized Packaging Development Corp., G.R. No. 149634, July 6, 2004, 433 SCRA 455, 464.
[29] CA rollo, p. 28.
[30] Chan v. Regional Trial Court of Zamboanga del Norte in Dipolog City, Br. 9, G.R. No. 149253, April 15, 2004, 427 SCRA 796.
[31] Mariveles Shipyard Corp. v. Court of Appeals,
supra, at 584; Escorpizo v. University of Baguio, 366 Phil. 166, 175 (1999).
[32]
[33] G.R.
No. 142248,
[34]
[35] Supra, note 27.
[36] Id., p. 584; Also cited in Hydro Resources Contractors Corp. v. National Irrigation Administration, G.R. No. 160215, November 10, 2004, 441 SCRA 614.
[37] 413 Phil. 41 (2001).
[38]
[39] G.R.
No. 129638,
[40] G.R.
No. 147394,
[41] G.R.
No. 155236,
[42] G.R. No. 136233, 399 Phil. 442 (2000).
[43] Rollo, p. 35.
[44]
[45] CA rollo, p. 24, Records, pp. 170-171.
[46] Records, p. 14.
[47] Garcia
v. Llamas, G.R. No. 154127,
[48] Certification
that Rico Quitain appeared before the barangay on
[49] Records, p. 9, Official Receipt of the consignation deposit made by the Quitains in favor of Clavecilla.
[50] Records, p. 39.