Verification

CIVIL PROCEDURE AS AMENDED

Section 4. Verification. — Except when otherwise specifically required by law or

rule,
pleadings need not be under oath, verified or accompanied by affidavit.

A pleading is verified by an affidavit that the affiant has read the pleading and
that the
allegations therein are true and correct of his personal knowledge or based on
authentic records.

A pleading required to be verified which contains a verification based on

"information and belief,
or upon "knowledge, information and belief," or lacks a proper verification, shall
be treated as an unsigned pleading. (4a)

(A.M. No. 00-2-10-SC)

Q:What is verification?

A: It is a statement, under oath that the pleading is true. It includes

both the actual swearing to the truth of the statements by the subscriber
and also the certification thereto by the notary or other officer authorized
by law to administer oaths. (Pamaran, 2004)

Q: What are the contents of verification?

A: It contains a statement that an affiant has read the pleading,

that he has caused the preparation of said pleading and that the allegations
therein are true and correct based on authentic records and of his personal
knowledge.

Q: How are pleadings verified?

A: It is verified by an affidavit. This affidavit declares

that the:
1. Affiant has read the pleading; and
2. Allegations therein are true and correct of
his personal knowledge or based on
authentic records (Sec. 4, Rule 7)

Q: When is verification necessary?

A: Verification is necessary only when the law or rule specifically requires it.

Q: Is verification necessary in pleadings?

A: No, except when otherwise specifically requiredby law or rule, pleadings need
not be under oath,
verified or accompanied by affidavit. (Sec. 4, Rule 7)
Under the Rules of Court, verification is necessary in the following pleadings:

1. Complaint and other initiatory pleading

2. Answer, if there are actionable documents
3. Petition for review under Rule 42, RRC
4. Appeal from CTA and quasi-judicial agencies to the CA (Rule 43, RRC)
5. Appeal by certiorari under Rule 45, RRC
6. Certiorari, prohibition and mandamus (Rule 65, RRC)

Q: What are the pleadings that should be verified?

A: The following should be verified:

1. Petition for relief from judgment
2. Petition for review from the RTCs to the
CA
3. Petition for review from the CTA and
quasi-judicial agencies to the CA
4. Appeal by certiorari from the CA to the SC
5. Petition for annulment of judgments or
final orders and resolutions
6. Complaint for injunction
7. Application for appointment of receiver
8. Application for support pendente lite
9. Petition for certiorari against the
judgments, final orders or resolutions of
constitutional commissions
10. Petition for certiorari, prohibition,
mandamus, quo warranto
11. Complaint for expropriation
12. Complaint for forcible entry or unlawful
detainer
13. Petition for indirect contempt
14. Petition for appointment of general
guardian
15. Petition for leave to sell or encumber
property of an estate by a guardian
16. Petition for the declaration of
competency of a ward
17. Petition for habeas corpus
18. Petition for change of name
19. Petition for voluntary judicial dissolution
of a corporation;
20. Petition for correction or cancellation of
entries in Civil Registry. (1996 Bar
Question)

Q: What are the effects of lack of verification?

A:lacks the proper verification shall betreated as an unsigned pleading (Sec. 4 as

amended by A.M. 00-2-10, May 1, 2000).Hence, it produces no legal effect (Sec.
3,Rule 7)

It does not necessarily render the pleading defective. It is only a formal and
not a jurisdictional requirement. The requirement is a condition affecting only
the form of the pleading (Benguet Corp. v. Cordillera Caraballo Mission, Inc., G.R.
No.
155343, Sept. 2, 2005)

and noncompliance therewith does not necessarily render it fatally defective

(Sarmiento v. Zaranta, G.R. No. 167471, Feb. 5, 2007)

The absence of verification may be corrected by requiring an oath. The rule is

in keeping with the principle that rules of procedure are established to secure
substantial justice and that technical requirements may be dispensed with in
meritorious cases (Pampanga Sugar Development Co., Inc. v. NLRC, G.R. No. 112650,
May 29, 1997)

Q: What is a certificate of non-forum shopping?

A: It is a certification under oath in the complaint or other

initiatory pleading asserting a claim for relief, or in a sworn
certification annexed to such pleading and simultaneously filed
therewith, where the party;

a. Certifies that he has not theretofore commenced any action

or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best of his knowledge,
no such other action or claim is pending.

b. If there is such other pending action or claim, gives a complete

statement of the present status thereof

c. Undertakes that if he should thereafter learn that the same

or similar action or claim has been filed or is pending, he
shall report that fact within five (5) days therefrom to the court
wherein his aforesaid complaint or initiatory pleading has been filed.

Q: What is the consequence on failure to execute such certification when necessary?

A: Failure to comply shall be cause for dismissal of the case without prejudice,
unless otherwise provided, upon motion and hearing.

The foregoing requirements shall not be curable by mere amendment of the complaint
or other initiatory pleading. (Suarez, 2007)

Note: Submission of a false certification or non-compliance with any of the

undertakings
shall constitute indirect contempt of court, without prejudice to the corresponding

administrative and criminal actions.

Q: Who executes the certification against forum shopping?

A: The plaintiff or principal party

Q: When should the certification be executed?

A: It is executed simultaneously with a complaint or any other initiatory pleading