Verification and Certification Against Forum Shopping (Philippines)

A Verification and Certification Against Forum Shopping in the Philippines records a sworn statement of fact made by the deponent, affirmed before an authorised officer for use as evidence.

Verification under Section 4, Rule 7 is a sworn statement by the party (not the lawyer) that: (1) the allegations in the pleading are true and correct based on the party's personal knowledge or authentic records; and (2) the pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation. Verification is required for specific pleadings listed in the Rules of Court — petitions, answers to petitions, motions for reconsideration in certain courts, and other pleadings where the Rules expressly require it.

Certification Against Forum Shopping under Section 5, Rule 7 is a sworn statement by the party (the authorized officer for juridical entities) that: (1) the party has not filed or commenced any other action or proceeding involving the same issues in any court, tribunal, or quasi-judicial agency; (2) if there is such an action pending, the party must provide a complete statement of the present status of each pending action; and (3) if the party should thereafter learn that the same or similar action has been filed or is pending, the party undertakes to report that fact within 5 calendar days to the court.

The Supreme Court in Chua v. Metropolitan Bank and Trust Co. (G.R. No. 182311, August 19, 2009) held that the certification against forum shopping is a mandatory pleading requirement — failure to attach it is a ground for dismissal of the case without prejudice. The certification must be signed by the principal party, not merely by their counsel. For juridical entities (corporations, partnerships), the authorized officer must execute the certification with a Board Resolution or Secretary's Certificate authorizing them to sign.

The legal framework governing the Verification and Certification Against Forum Shopping (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Verification and Certification Against Forum Shopping (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Civil Code of the Philippines (RA 386) sets the foundational requirements.

A Verification and Certification Against Forum Shopping in the Philippines is required for all initiatory pleadings filed before Philippine courts and quasi-judicial bodies.

A Verification and Certification is required when filing a Complaint before the Regional Trial Court (RTC), Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC), or Municipal Circuit Trial Court (MCTC) in ordinary civil actions under Rule 7 of the Rules of Court (as amended by A.M. No. 19-10-20-SC).

A Verification and Certification is required when filing a Petition before the Court of Appeals under Rule 42, Rule 43, Rule 45, or Rule 65 of the Rules of Court — for petitions for review, petitions for certiorari, prohibition, and mandamus.

A Verification and Certification is required when filing a Petition before the Supreme Court — whether a Petition for Review on Certiorari under Rule 45, a Special Civil Action under Rules 64-66, or other original actions before the Supreme Court.

A Verification and Certification is required for all initiatory pleadings before quasi-judicial bodies that adopt the Rules of Court: the NLRC (National Labor Relations Commission), the NLRC Rules of Procedure (2011) require a certification against forum shopping; the Civil Service Commission (CSC); the Office of the Ombudsman; the Presidential Commission on Good Government (PCGG); and other agencies applying the Rules of Court.

A Verification and Certification is required for NLRC complaints and position papers under the 2011 NLRC Rules of Procedure — even the complainant's position paper must be verified.

Parties in Philippines should prepare a Verification and Certification Against Forum Shopping (Philippines) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A complete Verification and Certification Against Forum Shopping for the Philippines under Section 4 and Section 5, Rule 7 of the Rules of Court must contain the following elements.

Identification of Party: The full legal name, citizenship, and address of the party executing the verification and certification. For a juridical entity (corporation, partnership, cooperative), the authorized officer — identified by name and position — executes the certification based on a Board Resolution or Secretary's Certificate authorizing them to sign on behalf of the entity.

Verification Component (Section 4, Rule 7): A sworn statement that: (1) the party has read the pleading attached; (2) the allegations are true and correct of the party's own personal knowledge and based on authentic records; and (3) the pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation. The verification must be truthful — a false verification is punishable as perjury under Article 183 of the Revised Penal Code and for indirect contempt under Rule 71 of the Rules of Court.

Certification Against Forum Shopping Component (Section 5, Rule 7): A sworn statement that: (1) the party has not commenced or filed any claim, action, or proceeding involving the same issues in any court, tribunal, or quasi-judicial agency; (2) if there is any other pending action, a complete statement of its present status (case number, court, parties, current stage); and (3) the party undertakes to report within 5 calendar days to the court any such subsequently learned pending or filed action.

Scope of Certification: The certification must cover the same parties, same issues, same reliefs, and same subject matter — not just the same document title. Filing multiple suits involving closely related issues in different courts to hedge bets is forum shopping even if the exact pleadings differ.

Signature and Notarization: The Verification and Certification must be signed by the principal party before a notary public under the 2004 Rules on Notarial Practice — both the jurat and the acknowledgment may be used depending on the pleading type. Signing by counsel in lieu of the party is not permitted under Section 5, Rule 7, as the party has personal knowledge of forum shopping.

Consequences of False Certification: A party who files a false certification against forum shopping is subject to: contempt of court under Rule 71; dismissal of the case with prejudice under Section 5, Rule 7; and criminal prosecution for perjury under Article 183 of the Revised Penal Code (imprisonment of 2 years 4 months to 6 years).

Additional compliance elements for a Verification and Certification Against Forum Shopping (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.