This case has been cited 4 times or more.
|
2008-08-11 |
AUSTRIA-MARTINEZ, J. |
||||
| The rule on certification against forum shopping may, however, be also relaxed on grounds of "substantial compliance" or "special circumstances or compelling reasons."[41] | |||||
|
2008-03-28 |
AUSTRIA-MARTINEZ, J. |
||||
| if verification is lacking, or act on the pleading although it is not verified, if the attending circumstances are such that strict compliance with the Rules may be dispensed with in order that the ends of justice may thereby be served. [28] On the other hand, the lack of certification of non-forum shopping is generally not curable by the submission thereof after the filing of the petition.[29] The submission of a certificate against forum shopping is thus deemed obligatory, albeit not jurisdictional.[30] However, jurisprudence instructs that the rule on certification against forum shopping may be relaxed on grounds of "substantial compliance" or "special circumstance or compelling reasons."[31] In Shipside Incorporated v. Court of Appeals,[32] the petitioner had not attached any proof that its resident manager was authorized to sign the Verification and Certification of Non-Forum Shopping, as a consequence of which, the petition was | |||||
|
2006-11-29 |
CARPIO MORALES, J. |
||||
| While the petition contains a verification and a Secretary's Certificate,[22] it lacks a certification against forum-shopping which is generally not curable by the submission thereof after the filing of the petition, albeit the rule thereon may be relaxed on grounds of "substantial compliance" or "special circumstance or compelling reasons."[23] | |||||