Constitutional Law: Shipside Inc v Court of Appeals.

GR 143377, February 20, 2001
SHIPSIDE INCORPORATED, petitioner,
vs.THE HON. COURT OF APPEALS [Special Former Twelfth Division], HON. REGIONAL TRIAL COURT, BRANCH 26 (San Fernando City, La Union) & The REPUBLIC OF THE PHILIPPINES, respondents.


Facts: The petitioner filed a certiorari with the CA containing the requisite certification on non-forum shopping but failed to attach proof that the person signing the certification was authorized to do so. The CA dismissed the petition. The petitioner submits a motion for reconsideration which attached a secretary’s certificate attesting to the signatory’s authority to sign certificates against forum shopping on behalf of the petitioner. When the court of CA denied the motion, the petitioner sought relief with the SC.


Issue: Whether the CA erred in dismissing the petition of Shipside Inc.


Ruling: Yes, the CA erred in the dismissal of the petition. The SC revised the decision of CA recognizing the belated filing of the certifications against forum shopping as permitted in exceptional circumstances. It further held that with more reason should a petition be given due course when this incorporates a certification on non-forum shopping without evidence that the person signing the certifications was an authorized signatory and the petitioner subsequently submits a secretary’s certificate attesting to the signatory’s authority in its motion for consideration.
The court allows belated submission of certifications showing proof of the signatory’s authority in signing the certification of forum shopping.