[GR No.

200191, Aug 20, 2014]

LOURDES C. FERNANDEZ v. NORMA VILLEGAS +

This is a petition for review on certiorari discussing about Verification

and certification against forum shopping.

The Court laid down the following guidelines with respect to non-
compliance with the requirements on or submission of a defective
verification and certification against forum shopping, viz.:

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.

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.

Applying these guidelines to the case at bar, the Court finds that the
CA committed reversible error in dismissing the CA petition due to a
defective verification and certification against forum shopping.
Where the petitioners are immediate relatives, who share a common
interest in the property subject of the action, the fact that only one of the
petitioners executed the verification or certification of forum shopping will
not deter the court from proceeding with the action.
 G.R.No. 202324, June 04, 2018

CONCHITA GLORIA AND MARIA LOURDES GLORIA-

PAYDUAN, Petitioners, v. BUILDERS SAVINGS AND LOAN ASSOCIATION,
INC., Respondent.

This case mainly discussed about real party in interest, who stands to
be benefited or injured by the judgment in the suit, or the party entitled to
the avails of the suit. Unless otherwise authorized by law or these Rules,
every action must be prosecuted or defended in the name of the real party
in interest.
  When the plaintiff is not the real party in interest, the case is
dismissible on the ground of lack of cause of action. Accordingly, only the
contracting parties are bound by the stipulations in the contract since they
are the ones who would benefit from and could violate it. Hence, one who is
not a party thereto, and for whose benefit it was not expressly made, cannot
maintain an action on it.
The evidence reveals that Lourdes is the daughter of Juan and
Conchita. Being the daughter of the deceased Juan and Conchita, Lourdes
has an interest in the subject property as heir to Juan and co-owner with
Conchita. "[N]o judicial declaration of heirship is necessary in order that an
heir may assert his or her right to the property of the deceased.