BACOLOR vs VL MAKABALI MEMORIAL HOSPITAL

GR No. 204325, April 18, 2016

Facts:

Petitioners were six (6) resident physicians at petitioner hospital. They filed an
action against the hospital for illegal dismissal before the Labor Arbiter. The Labor
Arbiter decided in their favor. However, on appeal to the NLRC, the latter decided in
favor of the hospital. On appeal to the CA, the CA dismissed the case on the ground
that the petition was not complaint with the requirement provided under the Rules of
Court because only three petitioners signed Verifications/ Certificates of Non-Forum
Shopping while the Verifications/ Certificates of Non-Forum Shopping for the other three
(3) was signed for by their counsel.

Issue:

Whether or not the failure of any of the petitioner to sign a Verifications/

Certificates of Non-Forum Shopping is a ground for dismissal of the case.

Held:

No. Although the Verification/Certificate of Non-Forum Shopping executed by

petitioners’ counsel is not valid, the signing of the three (3) petitioners on the
Verification/Certificate of Non-Forum Shopping conforms to substantial compliance to
the requirements of verification and certificate of non-forum shopping.

The verification requirement is deemed substantially complied with 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. Thus, there is substantial compliance if at least one
of the petitioners makes a proper verification.