Effect if the counsel failed to include the required details in his signature (Roll of Attorney #,

MCLE Compliance, PTR #, IBP#)

-The judge may either (1) Penalize the erring counsel or (2) remove him as counsel.

Remedy of the party represented by the erring counsel that was removed by the judge as
counsel.

1. The party will be given time to seek the assistance of a new counsel.

2. The party has a concomitant right to claim for a refund for whatever payment he made to the
erring counsel.

Oral appearance of a Law Student (manifestation).

I am Ms. ___________ appearing as legal intern of _____________ under the direct supervision
of Atty. _______________.

Complaint for Sum of Money based on a promissory note executed by the defendant/s

- Must specify the amount of the principal and that of the interest to determine if court has
jurisdiction over the subject matter.
o BP 129, as amended by Section 5 of RA 7691
- If plaintiff is a juridical entity, affidavit must be executed by the representative of the
juridical entity.
- If a person is representing a company, it must be indicated in the pleading and in the
verification so the legal standing of the representative and his the capacity to sign is
established.
- A certification against forum shopping and verification are in the form of an affidavit.
- There should be a board resolution authorizing a person to represent the company to
institute the filing of a case to prove his legal standing, as indicated in the pleading.
- P150K loan. Plaintiff and Defendant both in Manila - must be filed under small claims,
which is not represented by a counsel.
- Plaintiff is a Filipino citizen, of legal age, and resident of xxx. What is lacking? It must
indicate where summons, notices, orders, and other court processes may be served.
- Effects of Copy-furnishing the defendant in the complaint

None. When summons is served by the sheriff to the defendant, a copy of the complaint
is attached to it.

But in practice it is not recommended for the plaintiff to furnish the defendant of the
complaint especially if the former is praying for the issuance of a writ of attachment. If
there is such prayer and complaint was furnish by the plaintiff to the defendant before
issuance of summons, it is more likely for the defendant to dispose said property subject
of the writ.

Complaint for Unlawful Detainer with collection of unpaid rentals

Similarities between Jurat and Acknowledgment

- Both converts the document into a public document

- Both signifies that the one who executed the document swears under oath

Difference between Jurat and Acknowledgment

1
Acknowledgment is required if the document transfers rights.

Ex: Deed of Sale, Deed of Conveyance

Jurat is required to all others which has no transfer rights.

Ex: Affidavit

Verification and Certification against Forum Shopping

- must be notarized. Otherwise, will be considered defective

Effect of defective verification and certification against forum shopping and Remedies available

- When is a verification and certification against forum shopping defective?

If it is not executed and signed by the plaintiff (EFFECT: those who did not sign will be
dropped as parties to the case.)
GR: must be signed by all plaintiffs or petitioners
XPN: Under reasonable or justifiable situations, substantial compliance with the
rules is considered.

- SUBSTANTIAL COMPLIANCE in Verification/Certificate of Non-Forum Shopping, When.

o when a person who has sufficient knowledge to swear to the truth of the
allegations in the complaint or petition signs the verification; and matters alleged
therein have been made in good faith or are true and correct. (Bacolor vs.
Makabali Memorial Hospital)
o Thus, there is substantial compliance if at least one of the petitioners makes a
proper verification. (Bacolor vs. Makabali Memorial Hospital)
o The signature of one of three petitioners therein was considered substantial
compliance with the verification requirement. (Ateneo de Naga University v.
Manalo)
o 47 out of 88 petitioners signed the certificate against forum shopping. The Court
ruled that the petitioning employees shared a common interest and cause of
action when they filed the case for illegal dismissal. The Court decreed, that
when petitioners therein appealed to the CA, they pursued the case as a collective
body, invoking one argument in support of their cause of action, which is, the
illegal dismissal purportedly committed by their employer when union members
resorted to strike due to the employer's refusal to bargain with officers of the
local chapter. (Abaria v. National Labor Relations Commission)

- Basic tenets involving non-compliance with the requirements on, or filing of defective
verification and certificate against forum shopping:

1) A distinction must be made between non-compliance with the requirement on or

submission of defective verification, and non-compliance with the requirement on or
submission of defective certification against forum shopping.

2) As to verification, non-compliance therewith or a defect therein does not necessarily

render the pleading fatally defective. The court may order its submission or correction or
act on the pleading if the attending circumstances are such that strict compliance with
the Rule may be dispensed with in order that the ends of justice may be served thereby.

2
 3) Verification is deemed substantially complied with when one who has ample
knowledge to swear to the truth of the allegations in the complaint or petition signs the
verification, and when matters alleged in the petition have been made in good faith or
are true and correct.

4) As to certification against forum shopping, non-compliance therewith or a defect

therein, unlike in verification, is generally not curable by its subsequent submission or
correction thereof, unless there is a need to relax the Rule on the ground of "substantial
compliance" or presence of "special circumstances or compelling reasons".

5) The certification against forum shopping must be signed by all the plaintiffs or
petitioners in a case; otherwise, those who did not sign will be dropped as parties to the
case. Under reasonable or justifiable circumstances, however, as when all the plaintiffs or
petitioners share a common interest and invoke a common cause of action or defense,
the signature of only one of them in the certification against forum shopping substantially
complies with the Rule.

6) Finally, the certification against forum shopping must be executed by the party-
pleader, not by his counsel. If, however, for reasonable or justifiable reasons, the party-
pleader is unable to sign, he must execute a Special Power of Attorney designating his
counsel of record to sign on his behalf. (BACOLOR vs. VL MAKABALI MEMORIAL HOSPITAL,
INC., G.R. No. 204325, April 18, 2016)

- As stated in Altres v. Empleo, a certificate against forum shopping must be signed by the
party and in case his counsel signs the same on his behalf, the counsel must be armed
with a special power of attorney. Since petitioners' counsel is not shown to have been
authorized by Drs. Villegas, Canlas and Zheila to sign a certificate of non-forum shopping
on their behalf, the execution of said certificate by counsel violates the foregoing rules.

Petition for Declaration of Nullity of Marriage

- Q: If the respondent in a petition for annulment failed to file an answer and the petitioner
filed a motion to declare him/her in default. Will the motion prosper?
A: No. The Rules provide that there is no default in an action for the declaration of nullity
of marriage.

Things that need clarification.

How to make manifestation?