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    Pascual and Santos, Inc., v. Members of Tramo Wakas NeighborhoodAssociation, Inc. - G.R. No. 144880 - November 17, 2004

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    Rio Vin
    The Supreme Court ruled that the persons who executed the verification and certification of non-forum shopping on behalf of Pascual and Santos Inc. (PSI) were authorized to do so. PSI appealed a decision by the Land Management Bureau granting ownership of land to Tramo Wakas Neighborhood Association, but the Court of Appeals dismissed the petition, finding issues with the verification and certification. The Supreme Court determined that subsequent submission of proof of authority to act on behalf of PSI justified relaxing the rules to allow the petition due course, and that requirements regarding certificates of non-forum shopping should not be interpreted too literally in a way that defeats the objective of preventing forum shopping.

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    Pascual and Santos, Inc., v. Members of Tramo Wakas NeighborhoodAssociation, Inc. - G.R. No. 144880 - November 17, 2004

    Uploaded by

    Rio Vin
    173 views1 page
    The Supreme Court ruled that the persons who executed the verification and certification of non-forum shopping on behalf of Pascual and Santos Inc. (PSI) were authorized to do so. PSI appealed a decision by the Land Management Bureau granting ownership of land to Tramo Wakas Neighborhood Association, but the Court of Appeals dismissed the petition, finding issues with the verification and certification. The Supreme Court determined that subsequent submission of proof of authority to act on behalf of PSI justified relaxing the rules to allow the petition due course, and that requirements regarding certificates of non-forum shopping should not be interpreted too literally in a way that defeats the objective of preventing forum shopping.

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    The Supreme Court ruled that the persons who executed the verification and certification of non-forum shopping on behalf of Pascual and Santos Inc. (PSI) were authorized to do so. PSI appealed a decision by the Land Management Bureau granting ownership of land to Tramo Wakas Neighborhood Association, but the Court of Appeals dismissed the petition, finding issues with the verification and certification. The Supreme Court determined that subsequent submission of proof of authority to act on behalf of PSI justified relaxing the rules to allow the petition due course, and that requirements regarding certificates of non-forum shopping should not be interpreted too literally in a way that defeats the objective of preventing forum shopping.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    173 views1 page

    Pascual and Santos, Inc., v. Members of Tramo Wakas NeighborhoodAssociation, Inc. - G.R. No. 144880 - November 17, 2004

    Uploaded by

    Rio Vin
    The Supreme Court ruled that the persons who executed the verification and certification of non-forum shopping on behalf of Pascual and Santos Inc. (PSI) were authorized to do so. PSI appealed a decision by the Land Management Bureau granting ownership of land to Tramo Wakas Neighborhood Association, but the Court of Appeals dismissed the petition, finding issues with the verification and certification. The Supreme Court determined that subsequent submission of proof of authority to act on behalf of PSI justified relaxing the rules to allow the petition due course, and that requirements regarding certificates of non-forum shopping should not be interpreted too literally in a way that defeats the objective of preventing forum shopping.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PASCUAL and SANTOS, INC. v.

    THE MEMBERS OF THE TRAMO WAKAS NEIGHBORHOOD


    ASSOCIATION, INC.

    [G.R. No. 174082, January 16, 2012]


    Peralta, J.:

    Doctrine/subject:

    FACTS:
    The Director of the Land Managment Bureau (LMB) granted the petition of respondent, The Members of the
    Tramo Wakas Neighborhood Association, Inc. (TRAMO WAKAS) which prayed for the grant of ownership
    over 3 parcels of land situated in Paranaque City. The same property is being claimed by petitioner
    Pascualand Santos Inc. (PSI). PSI appealed the said decision to higher adjudicatory bodies but was denied
    and dismissed for lack of merit.

    The Court of Appeals (CA) likewise dismissed the petition on the ground of Infirm Verification and
    Certification of Non-forum Shopping for the same does not show proof that the persons who signed therein
    were duly authorized by the corporation. The Court further ruled that the petition has not been filed on time.

    ISSUE:
    Whether or not the persons who executed the verification and certification of non-forum shopping attached
    to PSI‘s petition were authorized to do so

    RULING:
    YES. Section 6 (d) of Rule 43 in relation to Section 2 of Rule 42 of the Rules of Court mandates that a
    petition for review shall contain a sworn certification against forum shopping in which the Pascual and
    Santos Inc. shall attest that he has not commenced any other action involving the same issues in this 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 this 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 days therefrom.

    For failure to comply with this mandate, Section 7 of Rule 43 provides that the failure of the petitioner to
    comply with any of the foregoing requirements regardingthe payment of the docket and other lawful fees,
    the 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 Court has ruled that the subsequent submission of proof of authority to act on behalf of a petitioner
    corporation justifies the relaxation of the Rules for the purpose of allowing its petition to be given due
    course.

    It must also be kept in mind that while the requirement of the certificate of non-forum shopping is
    mandatory, nonetheless the requirements must not be interpreted too literally and thus defeat the objective
    of preventing the undesirable practice of forum shopping.

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