Decision
18
G.R. No. 215988
number of plain copies thereof and of the pleadings and other material
portions of the record as would support the allegations of the petition.
The petitioner shall also submit together with the petition a
under oath that he has not theretofore commenced any other
action involving the same issues in the Supreme Court, the Court of
Appeals or different divisions thereof: or any other tribunal or agency; if
there is such other action or proceeding, he must state the status of the
same; and if he should thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the Court of
Appeals, or different divisions thereof, or any other tribunal or agency, he
undertakes to promptly inform the aforesaid courts and other tribunal or
agency thereof within five (5) days therefrom. (Emphasis supplied)
cert~fication
Finally, Rule 45, Section 589 sets forth that the petitioner's failure to
comply with any of the enumerated formal requirements is sufficient ground
for the petition's dismissal.
Private respondents SM Prime Holdings, Inc. and Shopping Center
Management Corporation assert that the Petition should be dismissed
outright for its defective Verification and Certification Against Forum
Shopping. 90 It points out that of the 202 or so claimed petitioners, only 30
actually signed the document. Further, two (2) of the 30 signatories we1,,
not even plaintiffs in either the first or second environmental case before the
Regional Trial Court. 91
Private respondents SM Prime Holdings, Inc. and Shopping Center
Management Corporation are mistaken.
This Court, as emphasized in Altres v. Empleo, 92 has consistently
applied the substantial compliance rule when it comes to a supposedly
defective verification and certification against forum shopping attached to a
petition. Altres, citing Tan v. Ballena, 93 mentioned that the purpose of a
verification was to assure this Court that a petition contains allegations that
are true, and that it was filed in good faith. Thus, the signing of the
verification by some petitioners already served the purpose contemplated by
the verification. 94 However, when it comes to the certification against forum
89
RULES OF COURT, Rule 45, sec. 5 provides:
SECTION 5. Dismissal or denial of petition. -The failure of the petitioner to comply with any
of the foregoing requirements regarding the payment of the docket and other lawful fees, deposit for
costs, proof of service of the petition, and the contents of and the documents which should accompany
the petition shall be sufficient ground for the dismissal thereof.
The Supreme Court may on its own initiative deny the petition on the ground that the appeal is
without merit, or is prosecuted manifestly for delay, or that the questions raised therein are 1 JJ
unsubstantial to require consideration.
90
91
92
93
94
Rollo, pp. 647-650.
Id. at 649.
594 Phil 246, 257-258 (2008) [Per J. Carpio Morales, En Banc].
579 Phil. 503 (2008) [Per J. Chico-Nazario, Third Division].
Altres v. Empleo. 594 Phil 246, 258-260 (2008) [Per J. Carpio Morales, En Banc].
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