The Supreme Court ruled in Athena Computers, Inc. v. Reyes that a petition for certiorari can be dismissed if the verification and certification against forum shopping are improperly signed. This means that if a legal document requiring sworn statements isn’t correctly verified by all parties or their authorized representatives, the court may reject the case. This decision underscores the importance of strictly adhering to procedural rules in Philippine courts.

When One Signature Isn’t Enough: The Dismissal of Athena’s Appeal

Athena Computers, Inc. and its representative, Joselito R. Jimenez, sought to overturn a labor ruling that favored their former employee, Wesnu A. Reyes. After Reyes filed a complaint for illegal suspension and dismissal, the National Labor Relations Commission (NLRC) sided with Reyes, finding his termination unlawful. Athena and Jimenez then filed a petition for certiorari with the Court of Appeals, alleging grave abuse of discretion on the part of the NLRC. However, the Court of Appeals dismissed their petition, citing critical procedural defects: the verification and certification against forum shopping were signed only by Jimenez, without proof of authorization to represent Athena, and pertinent pleadings were not attached.

The heart of the issue lies in compliance with procedural rules, specifically Rule 65 of the Rules of Court, which governs petitions for certiorari. The Supreme Court emphasized that certiorari is an extraordinary remedy, and those who seek it must strictly adhere to the rules. Section 1 of Rule 65 mandates that a petition must be verified, accompanied by relevant documents, and include a sworn certification of non-forum shopping.

SECTION 1. Petition for certiorari.– When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.

The Court highlighted the importance of proper verification. Section 4, Rule 7 of the Rules of Court stipulates that a pleading is verified by an affidavit affirming that the affiant has read the pleading and that its allegations are true and correct based on their knowledge and belief. In cases involving multiple parties, such as Athena Computers, Inc. and Jimenez, the verification must be signed by all parties or their duly authorized representatives to ensure accuracy and good faith.

Moreover, the Supreme Court underscored the necessity of a proper certification against forum shopping. This certification requires parties to declare that they have not commenced any other action involving the same issues in any other tribunal or agency. The requirement is crucial to prevent litigants from simultaneously pursuing multiple cases to increase their chances of a favorable outcome, a practice known as forum shopping.

The Court referenced the case of Docena v. Lapesura, clarifying that the certification against forum shopping must be signed by all petitioners or plaintiffs. This requirement ensures that each party has personal knowledge of the filing or non-filing of any similar actions. The Court explained that a single signing petitioner cannot be presumed to possess personal knowledge of their co-petitioners’ actions.

The attestation on non-forum shopping requires personal knowledge by the party executing the same, and the lone signing petitioner cannot be presumed to have personal knowledge of the filing or non-filing by his co-petitioners of any action or claim the same as similar to the current petition.

In the case of corporations, the certification may be signed by a specifically authorized lawyer with personal knowledge of the facts. The absence of such authorization for Jimenez to represent Athena Computers, Inc. proved fatal to their petition.

While the Rules of Court allow for some flexibility in certain situations, the Supreme Court emphasized that such relaxation is reserved for compelling reasons. In this instance, Athena and Jimenez failed to demonstrate any persuasive justification for their non-compliance. The Court reiterated that procedural rules are not mere technicalities; they are essential for the orderly and efficient administration of justice.

The Supreme Court acknowledged that while procedural rules are designed to ensure fairness and order, there are instances where strict adherence may lead to unjust outcomes. However, the Court also cautioned against indiscriminately relaxing these rules, as doing so could undermine their very purpose. The balance lies in applying the rules judiciously, with consideration for the specific circumstances of each case, while remaining mindful of the broader objective of achieving substantial justice.

The Court’s decision reflects a consistent stance on the importance of procedural compliance. Failure to adhere to these rules can result in the dismissal of a case, regardless of its merits. This underscores the need for litigants and their counsel to exercise diligence in preparing and filing court documents, ensuring that all requirements are met. In the end, the pursuit of justice hinges not only on the strength of one’s arguments but also on meticulous adherence to the established rules of procedure.

FAQs

What was the key issue in this case?	The main issue was whether the Court of Appeals erred in dismissing the petition for certiorari due to a defective verification and certification against forum shopping. The petition lacked proper signatures and authorization.
What is a verification in legal documents?	A verification is an affidavit attached to a pleading, stating that the affiant has read the pleading and that the allegations are true and correct to the best of their knowledge. It confirms the accuracy of the document’s contents.
What is a certification against forum shopping?	A certification against forum shopping is a sworn statement that the party has not filed any other action involving the same issues in any other court or tribunal. This prevents parties from pursuing multiple cases simultaneously.
Why is it important for all parties to sign the certification against forum shopping?	Each party must sign to ensure they have personal knowledge that no similar actions are pending elsewhere. One party cannot attest to the knowledge of another without explicit authorization.
What happens if the verification and certification are defective?	A defective verification and certification can lead to the dismissal of the petition. Courts require strict compliance with these procedural rules.
Can a corporation sign the certification against forum shopping?	Yes, a corporation can sign through a specifically authorized lawyer with personal knowledge of the facts required in the document. Proper authorization is critical.
Are there exceptions to the rule of strict compliance?	While the Rules of Court may be relaxed for persuasive and weighty reasons, these are rare. The petitioners must demonstrate a compelling justification for non-compliance.
What was the final decision of the Supreme Court?	The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The dismissal was upheld due to the procedural lapses committed by the petitioners.

This case serves as a reminder of the importance of adhering to procedural rules in legal proceedings. Ensuring that all documents are properly verified and certified can prevent dismissal and ensure that a case is heard on its merits.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Athena Computers, Inc. v. Reyes, G.R. No. 156905, September 05, 2007