G.R. No. 175512.May 30, 2011.

*
VALLACAR TRANSIT, INC., petitioner, vs. JOCELYN CATUBIG, respondent.
Verification; Verification is a formal requirement mainly intended to secure an
assurance that matters which are alleged are done in good faith or are true and
correct and not of mere speculation.Verification, like in most cases required by the
rules of procedure, is a formal, not jurisdictional, requirement, and mainly intended
to secure an assurance that matters which are alleged are done in good faith or are
true and correct and not of mere speculation. When circumstances warrant, the
court may simply order the correction of unverified pleadings or act on it and waive
strict compliance with the rules in order that the ends of justice may thereby be
served. [Vallacar Transit, Inc. vs. Catubig, 649 SCRA 281(2011)]
G.R. No. 188086.August 3, 2011.*
FRANCIS BELLO, represented herein by his daughter and attorney-in-fact, Geraldine
Bello-Ona, petitioner, vs. BONIFACIO SECURITY SERVICES, INC. and SAMUEL TOMAS,
respondents.
Verification; Verification of a pleading is a formal, not jurisdictional, requirement
intended to secure the assurance that the matters alleged in a pleading are true
and correct.Verification of a pleading is a formal, not jurisdictional, requirement
intended to secure the assurance that the matters alleged in a pleading are true
and correct. Thus, the court may simply order the correction of unverified pleadings
or act on them and waive strict compliance with the rules.
Labor Law; Constructive Dismissal; Case law defines constructive dismissal as a
cessation of work because continued employment has been rendered impossible,
unreasonable, or unlikely, as when there is a demotion in rank or diminution in pay,
or both, or when a clear discrimination, insensibility, or disdain by an employer
becomes unbearable to the employee.Case law defines constructive dismissal as
a cessation of work because continued employment has been rendered impossible,
unreasonable, or unlikely, as when there is a demotion in rank or diminution in pay,
or both, or when a clear discrimination, insensibility, or disdain by an employer
becomes unbearable to the employee. [Bello vs. Bonifacio Security Services, Inc.,
655 SCRA 143(2011)]
G.R. No. 162836.July 30, 2009.*
CEFERINA ARGALLON-JOCSON and RODOLFO TUISING, petitioners, vs. COURT OF
APPEALS, HON. BONIFACIO T. ONG, in his capacity as the acting Presiding Judge of
the Regional Trial Court of Roxas, Isabela, Branch 23, MARIA CRISTINA FERTILIZER
CORP., and MARCELO STEEL CORP., respondents.
Civil Procedure; Pleadings and Practice; Every pleading must be signed by the party
or counsel representing him, otherwise the pleading produces no legal effect.The

Court notes that the petition supposedly filed by petitioners Jocson and Tuising was
not signed by Jocsons counsel. It was Tuisings counsel who signed in behalf of
Jocsons counsel. Tuisings counsel had no authority to sign the petition in behalf of
Jocson. The records are bereft of any proof that Jocson ever authorized Tuisings
counsel to be her counsel or to act in her behalf. Under Section 3, Rule 7 of the
Rules of Civil Procedure, every pleading must be signed by the party or counsel
representing him, otherwise the pleading produces no legal effect.
Same; Same; Certification of Non-Forum Shopping; The lack of a certification
against forum shopping or a defective certification is generally not curable by its
subsequent submission or correction, unless there is a need to relax the rule under
special circumstances or for compelling reasons.Only Tuising signed the
Verification and Certification for Non-Forum Shopping. Jocson did not sign the
Verification and Certification. Section 1, Rule 45 of the Rules of Civil Procedure
requires the petition for review on certiorari to be verified. A pleading required to be
verified which lacks proper verification shall be treated as an unsigned pleading.
Although Tuising belatedly filed on 24 September 2004 a Special Power of
Attorney allegedly signed by Jocson and authorizing Tuising to file the petition for
review and to verify and to certify the petition, no explanation was given by Tuising
why the Special Power of Attorney was belatedly filed four months after the petition
for review was filed on 12 May 2004. The lack of a certification against forum
shopping or a defective certification is generally not curable by its subsequent
submis_______________

* FIRST DIVISION.
344

344
SUPREME COURT REPORTS ANNOTATED
Argallon-Jocson vs. Court of Appeals
sion or correction, unless there is a need to relax the rule under special
circumstances or for compelling reasons. We find no compelling reason for a liberal
application of the rules especially in this case where the petitioner who did not sign
the verification and certification for non-forum shopping already filed with the trial
court a Motion for Issuance of Alias Writ of Execution. By filing the Motion for
Issuance of Alias Writ of Execution, Jocson was in effect abiding by the Court of
Appeals Decision dated 16 January 2004.

Same; Same; Same; Verification; In Athena Computers, Inc. v. Reyes, 532 SCRA 343
(2007), the Court held that the appellate court was correct in dismissing the petition
where the verification and certification for non-forum shopping were signed by only
one of the two petitioners.In Athena Computers, Inc. v. Reyes, 532 SCRA 343
(2007), the Court held that the appellate court was correct in dismissing the petition
where the verification and certification for non-forum shopping were signed by only
one of the two petitioners.
Same; Same; Same; The certification of non-forum shopping is rooted in the
principle that a party-litigant should not be allowed to pursue simultaneous
remedies in different fora, such act being detrimental to an orderly judicial
procedure.The certification of non-forum shopping is rooted in the principle that a
party-litigant should not be allowed to pursue simultaneous remedies in different
fora, such act being detrimental to an orderly judicial procedure. The petition,
signed only by Tuisings counsel, conveniently failed to mention the fact that on 23
February 2004, prior to the filing of the petition, Jocson already filed with the trial
court a Motion for Issuance of Alias Writ of Execution which reads: MOTION FOR
ISSUANCE OF ALIAS WRIT OF EXECUTION, PLAINTIFF, by counsel, respectfully
states: 1. The Court of Appeals had ruled finally that the DECISION can be
implemented only as against defendant Marcelo Steel Corporation and the RTC
Sheriff of Manila, in levying the properties of the two defendant corporations,
violated the dispositive portion of the decision because there is no showing that
their liability is solidary. (CA-G.R. SP-No. 79179); 2. There is need, therefore, to
execute the decision as against the other defendant MARIA CRISTINA FERTILIZER
CORPORATION. WHEREFORE, premises considered, it is respectfully prayed that an
ALIAS WRIT OF EXECUTION be issued to implement the decision as against
defendant MARIA CRISTINA FERTILIZER CORPORATION. [Argallon-Jocson vs. Court of
Appeals, 594 SCRA 343(2009)]
Section 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring,
contract services, promising or advertising for employment abroad, whether for profit or not, when
undertaken by non-licensee or non-holder of authority contemplated under Article 13(f) of
Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines:
Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee
employment abroad to two or more persons shall be deemed so engaged. It shall likewise include
the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee
or holder of authority:
"(a) To charge or accept directly or indirectly any amount greater than that specified
in the schedule of allowable fees prescribed by the Secretary of Labor and
Employment, or to make a worker pay or acknowledge any amount greater than that
actually received by him as a loan or advance;

"(b) To furnish or publish any false notice or information or document in relation to

recruitment or employment;
"(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor
Code, or for the purpose of documenting hired workers with the POEA, which include
the act of reprocessing workers through a job order that pertains to nonexistent work,
work different from the actual overseas work, or work with a different employer
whether registered or not with the POEA;
"(d) To include or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed to liberate a
worker from oppressive terms and conditions of employment;
"(e) To influence or attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency or who has formed,
joined or supported, or has contacted or is supported by any union or workers'
organization;
"(f) To engage in the recruitment or placement of workers in jobs harmful to public
health or morality or to the dignity of the Republic of the Philippines;
"(h) To fail to submit reports on the status of employment, placement vacancies,
remittance of foreign exchange earnings, separation from jobs, departures and such
other matters or information as may be required by the Secretary of Labor and
Employment;
"(i) To substitute or alter to the prejudice of the worker, employment contracts
approved and verified by the Department of Labor and Employment from the time of
actual signing thereof by the parties up to and including the period of the expiration of
the same without the approval of the Department of Labor and Employment;
"(j) For an officer or agent of a recruitment or placement agency to become an officer
or member of the Board of any corporation engaged in travel agency or to be
engaged directly or indirectly in the management of travel agency;
"(k) To withhold or deny travel documents from applicant workers before departure
for monetary or financial considerations, or for any other reasons, other than those
authorized under the Labor Code and its implementing rules and regulations;
"(l) Failure to actually deploy a contracted worker without valid reason as determined
by the Department of Labor and Employment;
"(m) Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker's fault. Illegal recruitment
when committed by a syndicate or in large scale shall be considered an offense
involving economic sabotage; and
"(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning
agency.

"The persons criminally liable for the above offenses are the principals, accomplices and
accessories. In case of juridical persons, the officers having ownership, control, management or
direction of their business who are responsible for the commission of the offense and the
responsible employees/agents thereof shall be liable.

Section 14. Subparagraph (b.1) of paragraph (b) of Section 23 of Republic Act No. 8042, as
amended, is hereby amended to read as follows:
"(b.1) Philippine Overseas Employment Administration. - The Administration shall regulate private
sector participation in the recruitment and overseas placement of workers by setting up a licensing
and registration system. It shall also formulate and implement, in coordination with appropriate
entities concerned, when necessary, a system for promoting and monitoring the overseas
employment of Filipino workers taking into consideration their welfare and the domestic manpower
requirements. It shall be responsible for the regulation and management of overseas employment
from the pre-employment stage, securing the best possible employment terms and conditions for
overseas Filipino workers, and taking into consideration the needs of vulnerable sectors and the
peculiarities of sea-based and land-based workers. In appropriate cases, the Administration shall
allow the lifting of suspension of erring recruitment/manning agencies upon the payment of fine of
Fifty thousand pesos (P50,000.00) for every month of suspension.