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Court of Appeals: Special Seventeenth Division

The Court of Appeals dismissed the Petition for Certiorari due to several infirmities: (1) the verification and certification of non-forum shopping did not comply with the rules; (2) counsel's IBP receipt, PTR, and MCLE compliance numbers were not indicated; (3) the Regional Trial Court was not impleaded as respondent; (4) no affidavit of service was filed; and (5) a certified copy of the assailed order was not attached. The petition was found to be defective and was therefore dismissed.

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57 views4 pages

Court of Appeals: Special Seventeenth Division

The Court of Appeals dismissed the Petition for Certiorari due to several infirmities: (1) the verification and certification of non-forum shopping did not comply with the rules; (2) counsel's IBP receipt, PTR, and MCLE compliance numbers were not indicated; (3) the Regional Trial Court was not impleaded as respondent; (4) no affidavit of service was filed; and (5) a certified copy of the assailed order was not attached. The petition was found to be defective and was therefore dismissed.

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Republic of the Philippines

Court of Appeals
Manila

SPECIAL SEVENTEENTH DIVISION

FERNANDO LIM GO JR., CA-G.R SP No. 168053


MARIA CORAZON
PITCOCK, AND PALMS Members:
STAR REALTY AND
DEVELOPMENT ANTONIO-VALENZUELA, N.G.,
CORPORATION, Chairperson,
Petitioners, PAYOYO-VILLORDON, T.M.B., and
*
QUIMPO-SALE, A.M.W., JJ.

- versus -

SEAN MICHAEL MITCHELL Promulgated:


AND LEONARD EARL
PITCOCK II, 26 February 2021
Respondents. ______________________
x-----------------------------------------------------------------------------------------x

RESOLUTION

ANTONIO-VALENZUELA, J.:

The Court DISMISSES the Petition for Certiorari (with prayer for the
immediate issuance of a TRO/ PI)1 (“Petition”), because it contains the
following infirmities:

(1) the Petition does not contain a valid verification and


certification of non-forum shopping (i.e.: the Verification and
Certification of Non-Forum Shopping2 did not comply with
Rule 7, Section 4(b) and Section 4(c),3 A.M. No. 19-10-20-SC);
*
Junior Member per Office Order No. 66-21-RSF dated 22 February 2021.
1
C.A. Rollo, p. 3.
2
C.A. Rollo, p. 64.
3
Section 4. Verification. Except when otherwise specifically required by law or rule, pleadings need not
CA-G.R. SP No. 168053
Resolution 2

(2) the Petition does not indicate the petitioners' counsel's current
Integrated Bar of the Philippines' (“IBP”) Official Receipt
number and date of issue, in violation Bar Matter No. 287 dated
26 September 2000;4

(3) the Petition does not indicate the petitioners' counsel's current
Professional Tax Receipt (“PTR”) number and date of issue, in
violation of Bar Matter No. 1132 dated 12 November 2002;5

(4) the Petition does not indicate the petitioners' counsel's current
Mandatory Continuing Legal Education (“MCLE”) compliance
number and date of issue, in violation of Bar Matter No. 1922
dated 03 June 2008, as amended by Supreme Court En Banc
Resolution dated 14 January 2014;6

be under oath or verified.


A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a party, whether in the form of a secretary's certificate or a
special power of attorney, should be attached to the pleading, and shall allege the following attestations:
xxx
(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of
litigation; and
(c) The factual allegations therein have evidentiary support or, if specifically so identified, will likewise
have evidentiary support after a reasonable opportunity for discovery.
xxx
A pleading required to be verified that 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.
4
All pleadings, motions and papers filed in court, whether personally or by mail, shall bear counsel's
current IBP official receipt number and date of issue, otherwise, such pleadings, motions and papers may
not be acted upon by the court, without prejudice to whatever disciplinary action the court may take against
the erring counsel who shall likewise be required to comply with the requirement within five (5) days from
notice. Failure to comply with such requirement shall be a ground for further disciplinary sanction and for
contempt of court.
The number and date of such official receipt for the current year may continually be indicated thereon until
the end of February of the succeeding year.
5
The Court Resolved, upon recommendation of the Office of the Bar Confidant, to GRANT the request of
the Board of Governors of the Integrated Bar of the Philippines and the Sangguniang Panlalawigan of
Ilocos Norte to require all lawyers to indicate their Roll of Attorneys Number in all papers or pleadings
submitted to the various judicial or quasi-judicial bodies in addition to the requirement of indicating the
current Professional Tax Receipt (PTR) and the IBP Official Receipt or Life Member Number.
6
(a) AMEND the June 3, 2008 resolution by repealing the phrase "Failure to disclose the required
information would cause the dismissal of the case and the expunction of the pleadings from the records"
and replacing it with "Failure to disclose the required information would subject, the counsel to appropriate
penalty and disciplinary action"; and
(b) PRESCRIBE the following rules for non-disclosure of current MCLE compliance/exemption number in
the pleadings:
(i) The lawyer shall be imposed a fine of ₱2,000.00 for the first offense, ₱3,000.00 for the second offense
and ₱4,000.00 for the third offense;
(ii) In addition to the fine, counsel may be listed as a delinquent member of the Bar pursuant to Section 2,
Rule 13 of Bar Matter No. 850 and its implementing rules and regulations; and
CA-G.R. SP No. 168053
Resolution 3

(5) the petitioners did not implead the Regional Trial Court as
respondent to this case, in violation of Rule 65, Section 5, 7
Rules of Court;

(6) the Petition is not accompanied by an affidavit of service, in


violation of Rule 13, Section 17, 8 Rules of Court, as amended
by A.M. No. 19-10-20-SC;

(7) the petition is not accompanied by a certified true copy of the


assailed Order dated 22 September 2019, in violation of Rule
65, Section 1,9 Rules of Court.

SO ORDERED.

Original Signed
NINA G. ANTONIO-VALENZUELA
Associate Justice

(iii) The non-compliant lawyer shall be discharged from the case and the client/s shall be allowed to secure
the services of a new counsel with the concomitant right to demand the return of fees already paid to the
non-compliant lawyer.
7
Section 5. Respondents and costs in certain cases. — When the petition filed relates to the acts or
omissions of a judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person, the
petitioner shall join, as private respondent or respondents with such public respondent or respondents, the
person or persons interested in sustaining the proceedings in the court; and it shall be the duty of such
private respondents to appear and defend, both in his or their own behalf and in behalf of the public
respondent or respondents affected by the proceedings, and the costs awarded in such proceedings in favor
of the petitioner shall be against the private respondents only, and not against the judge, court, quasi-
judicial agency, tribunal, corporation, board, officer or person impleaded as public respondent or
respondents.
Unless otherwise specifically directed by the court where the petition is pending, the public respondents
shall not appear in or file an answer or comment to the petition or any pleading therein. If the case is
elevated to a higher court by either party, the public respondents shall be included therein as nominal
parties. However, unless otherwise specifically directed by the court, they shall not appear or participate in
the proceedings therein.
8
Section 17. Proof of service. - Proof of personal service shall consist of a written admission of the party
served, or the official return of the server, or the affidavit of the party serving, containing a statement of the
date, place, and manner of service. If the service is made by:
xxx
(b) Registered mail. - Proof shall be made by the affidavit mentioned above and the registry return receipt
issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the
sender, or in lieu thereof, the unclaimed letter together with the certified or sworn copy of the notice given
by the postmaster to the addressee.
9
Section 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-
judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate
remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may
require.
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of
non-forum shopping as provided in the third paragraph of section 3, Rule 46.
CA-G.R. SP No. 168053
Resolution 4

WE CONCUR:

Original Signed
TITA MARILYN B. PAYOYO-VILLORDON
Associate Justice

Original Signed
ANGELENE MARY W. QUIMPO-SALE
Associate Justice

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