Beruflich Dokumente
Kultur Dokumente
The CSC Field Office for Lanao del Norte and Iligan City
disapproved the appointments issued to petitioners invariably due to
ALTRES VS. EMPLEO lack of certification of availability of funds.
NORBERTO ALTRES, ET AL., petitioners, Mayor Quijano appealed to CSC but later dismissed due to lacks a
vs. requirement prescribed by the civil service law, rules and regulations,
CAMILO G. EMPLEO, ET AL., respondents. it would disapprove it without delving into the reasons why the
requirement was not complied with.
G.R. No. 180986
December 10, 2008 RTC:
Ponente: CARPIO MORALES, J.: RTC denied petitioners’ petition for mandamus.
Petitioners filed a motion for reconsideration and is
subsequently denied as well.
NATURE OF CASE
SC:
PETITION for review on certiorari of the decision and order of the The Court, without giving due course to the petition,
Regional Trial Court of Iligan City, Br. 3. required respondents to comment thereon within ten (10)
days from notice, and at the same time required petitioners to
FACTS comply, within the same period, with the relevant provisions
of the 1997 Rules of Civil Procedure.
Iligan Mayor Quijano advised CSC of its variou career positions in Petitioners filed a Compliance Report as required.
the city government, of which the latter proceeded its publication.
Respondents duly filed their Comment, alleging technical
Petitioners and other applicants submitted their applications for the
different positions where they felt qualified. flaws in petitioners’ petition, to which Comment petitioners
filed their Reply in compliance with the Court’s Resolution
Respondents assail as defective the verification and Under justifiable circumstances, we have already allowed the
certification against forum shopping attached to the petition relaxation of the requirements of verification and certification so that
as it bears the signature of only 11 out of the 59 petitioners, the ends of justice may be better served. Verification is simply
and no competent evidence of identity was presented by the intended to secure an assurance that the allegations in the pleading are
signing petitioners. They thus move for the dismissal of the true and correct and not the product of the imagination or a matter of
petition speculation, and that the pleading is filed in good faith; while the
Petitioners, on the other hand, argue that they have a purpose of the aforesaid certification is to prohibit and penalize the
justifiable cause for their inability to obtain the signatures of evils of forum shopping.
the other petitioners as they could no longer be contacted or
are no longer interested in pursuing the case. On the requirement of a certification of non-forum shopping, the well-
settled rule is that all the petitioners must sign the certification of non-
forum shopping. The reason for this is that the persons who have
ISSUE/s of the CASE signed the certification cannot be presumed to have the personal
knowledge of the other non-signing petitioners with respect to the
Whether or not there is a defect in the verifcation and certification filing or non-filing of any action or claim the same as or similar to the
against forum shopping. current petition. The rule, however, admits of an exception and that is
when the petitioners show reasonable cause for failure to personally
sign the certification. The petitioners must be able to convince the
ACTION OF THE COURT court that the outright dismissal of the petition would defeat the
administration of justice.
SC: GRANTED
Distinction between non-compliance with the requirement on or
submission of defective verification, and non-compliance with the
COURT RATIONALE ON THE ABOVE CASE requirement on or submission of defective certification against forum
shopping. —
No. Court held that in the present case, the signing of the
verification by only 11 out of the 59 petitioners already sufficiently 1) A distinction must be made between non-compliance with the
assures the Court that the allegations in the pleading are true and requirement on or submission of defective verification, and non-
correct and not the product of the imagination or a matter of compliance with the requirement on or submission of defective
certification against forum shopping.
speculation; that the pleading is filed in good faith;A and that the
signatories are unquestionably real parties-in-interest who
2) As to verification, non-compliance therewith or a defect therein
undoubtedly have sufficient knowledge and belief to swear to the does not necessarily render the pleading fatally defective. The court
truth of the allegations in the petition. 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.
3) Verification is deemed substantially complied with when one who to the requirement of certification of availability of funds under
has ample knowledge to swear to the truth of the allegations in the Section 1(e)(ii), Rule V of Civil Service Commission Memorandum
complaint or petition signs the verification, and when matters alleged Circular Number 40, Series of 1998.
in the petition have been made in good faith or are true and correct.
SO ORDERED.
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.”