MEDISERV, INC VS CA

FACTS
Petitioner Mediserv, Inc. executed a real estate mortgage in favor of China Banking
Corporation as security for a loan. Mediserv defaulted on its obligation with Chinabank
and the real estate mortgage was foreclosed. At the public auction sale, private
respondent Landheights Development Corporation emerged as the highest bidder. after
consolidation of title in with Landheights, it filed a verified complaint for ejectment against
Mediserv before the MeTC of Manila. The court ruled in favor of Landheights. On appeal,
the RTC reversed and set aside the said decision. The Petition for Review filed by the
respondent was initially dismissed by the CA on the ground that the written authority of
Dickson Tan to sign the verification and certification were not attached to the petition, but
was later reinstated by subsequent compliance thereto. Hence, this petition.

ISSUE
WON the CA graveley abused its discretion and acted without and/or excess of
jurisdiction in reinstating the petition despite the clear mandate of the Rules

HELD
NO. Under Rule 46, Section 3, paragraph 3 of the Rules, petitions for certiorari must be
verified and accompanied by a sworn certification of non-forum shopping. The party need
not sign the verification. A partys representative, lawyer or any person who personally
knows the truth of the facts alleged in the pleading may sign the verification. On the other
hand, in the case of certification of non-forum shopping, non compliance on the
requirements thereof shall constitute a fatal defect and be a ground for dismissal of the
case. However, there are settled jurisprudence raised by the SC of exceptional
circumstances and compelling reasons which the court allowed the belated filing of the
certification and justified the relaxation of the rule requiring verification and certification
on non-forum shopping, as in the case of Shipside Incorporated v. CA. Hence, there is
sufficient jurisprudential basis to hold that Landheights has substantially complied with
the verification and certification requirements.