Sworn certification of non-forum shopping, and failure to comply with this requirement is sufficient ground for dismissal of the petition

Under Section 3, Rule 46 of the Rules of Court, a petitioner is required to submit, together with the petition, a sworn certification of non-forum shopping, and failure to comply with this requirement is sufficient ground for dismissal of the petition.  The requirement that petitioner should sign the certificate of non-forum shopping applies even to corporations, the Rules of Court making no distinction between natural and juridical persons.  The signatory in the case of the corporation should be “a duly authorized director or officer of the corporation” who has knowledge of the matter being certified.[15] If, as in this case, the petitioner is a corporation, a board resolution authorizing a corporate officer to execute the certification against forum-shopping is necessary. A certification not signed by a duly authorized person renders the petition subject to dismissal.[16]

http://sc.judiciary.gov.ph/jurisprudence/2005/feb2005/161957.htm

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About Erineus

Ernesto O. Bendita. Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Civil Procedures, Corporation Law and tagged . Bookmark the permalink.

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