Signature of Counsel, Verification, and Certification Against Forum Shopping under the Revised Rules of Court, as amended

The amendments to the 1997 Rules of Civil Procedure (Revised Rules) effective as of 01 May 2020 introduced changes to the rules governing signature of counsel, verification, and certification against forum shopping.

(A) Signature of Counsel

Prior to the amendment, the counsel certifies that he or she has read the pleading and that to the best of his or her knowledge, information, and belief, there is good ground to support it, and that it is not interposed for delay.

Under the Revised Rules, by signing a pleading, counsel likewise certifies that:

1. The pleading or document is not being presented for any improper purpose.
2. The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence. Arguments for extending, modifying, or reversing existing jurisprudence must be non-frivolous.
3. Factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after availing of the modes of discovery.
4. Denials of factual contentions are warranted by evidence or, if specifically so identified, based on belief or lack of information.

Counsel is also now required to conduct a reasonable inquiry under the circumstances prior to certifying such matters.

The Court may impose sanctions on the lawyer, law firm, or party found to have violated these undertakings. In case of law firms, they are severally liable for violations committed by their partners, associates, or employees. Monetary penalties cannot be shifted or passed on to their clients.

(B) Verification

Below is a comparison of the allegations required in a Verification prior to and after the Revised Rules:

Further, the signature of the affiant now also serves as a certification of the truthfulness of the allegations in the pleading.

The Revised Rules specifically requires the authorization of the affiant verifying the pleading on behalf of a party to be attached to the pleading in the form of a secretary’s certificate or special power of attorney, as the case may be.

(C) Certification Against Forum Shopping

The Revised Rules likewise requires the authorization of the affiant executing the certification against forum shopping on behalf of a party to be attached to the pleading in the form of a secretary’s certificate or special power of attorney, as the case may be.

Furthermore, the Revised Rules now clarifies that the five-day period within which the certifying party must report the pendency of a similar action or claim refers to calendar days, as opposed to working or business days.

Click here to read the entire text of A.M. No. 19-10-20-SC (2019 Proposed Amendments to the 1997 Rules of Civil Procedure).