Law Innovations (Philippines)

Updates in Philippine law, upgrades for the Filipino lawyer

List of Pleadings Which Must Be Verified (Update #1)

Posted by Oli Reyes on November 19, 2009

Every law student knows of the urgency of the verification requirement; that a defective or absent verification when required may be cause of the outright junking of the pleading so impaired. Many clients have ended up befuddled, if not outraged, at seeing their complaints dismissed due to improper verification. Indeed, the verification requirement has been the cause for minor paranoia among lawyers in the Philippines, and the prudential rule has emerged that whenever in doubt, verify.

(Another common, often fatal flaw in verification is the continued adherence by some lawyers to the now obsolete rule that a pleading may be verified as “true and correct based on knowledge or belief”. Since the adoption of A.M. No. 00-2-10-SC, amending Section 4,  Rule 7  of the 1997 Rules of Civil Procedure, pleadings must know be verified as “true and correct based on personal knowledge or based on authentic records.”)

Still, as a general rule, pleadings need not be verified, and it is only when required by statute or a procedural rule that a pleading should be verified. What follows below, for the benefit of practictioners, is a comprehensive list of pleadings filed before the courts or quasi-judicial agencies that are required to be verified.

BEFORE THE COURTS

BEFORE CONSTITUTIONAL COMMISSIONS/QUASI-JUDICIAL AGENCIES

  • The following pleadings filed before the Commission on Elections, as well as the answers thereto: protests or petitions in ordinary actions, special actions, special cases, special reliefs, provisional remedies, special proceedings, counter-protests, counter-petitions, interventions, motions for reconsiderations, appeals from rulings of board of canvassers. (See Sec. 3(b), Rule 7, COMELEC Rules of Procedure)
  • Complaints filed with the Regional Office of the Housing and Land Use Regulatory Board (See Sec. 1, Rule III, 1996 Revised Rules of Procedure of the HLURB, as amended)
  • Petitions for Review filed with the Regional Officer of the HLURB (See Sec. 1, Rule XII, 1996 Revised Rules of Procedure of the HLURB)
  • Applications for new services, complaints, petitions, oppositions and answers filed with the Land Transportation Franchising and Regulatory Board (See Sec. 2, Rule 3, Rules of Practice and Procedure Before the LTFRB)
  • Complaints filed in administrative cases filed with the Insurance Commission. (Sec. 4, Rule I, Rules of Procedure Governing Administrative Cases Before the Insurance Commission)
  • Complaints filed with Insurance Commission seeking relief from insurance companies or mutual benefit associations. (See Sec. 1, Rule 3, Rules of Procedure Governing Hearings Before the Insurance Commission)
  • Position Papers filed before Labor Arbiters (See Sec. 7, Rule V, 2005 Rules of Procedure of the National Labor Relations Commission)
  • Complaints and petitions filed with the Securities and Exchange Commission in the exercise of its adjudicative functions, as well as the answers thereto. (See Sec. 3-3, Rule III, Revised Rules of Procedure 2000 of the Securities and Exchange Commission)

Some items from the list were culled from Agpalo’s Legal Forms: Practical Exercises in Pleading & Conveyance (2006 ed.), though this stands as a more updated and comprehensive enumeration. Let us know if we’ve missed out on any other pleading which must be verified, we’ll also be updating this list from time to time to reflect the current status of relevant laws or rules)

(Update #1. There’s more! Thanks to bayanjoseph)

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7 Responses to “List of Pleadings Which Must Be Verified (Update #1)”

  1. Bayan said

    You guys are doing a great job! Hope to catch more updates from this site!

  2. John Ungab said

    Thanks for the input.
    Been looking for copy Rules of Practice and Procedure Before the LTFRB. Would be helpful if I can get hold of the same.

  3. [...] List of Pleadings Which Must Be Verified (Update #1) « Law Innovations (Philippines) – ndeed, the verification requirement has been the cause for minor paranoia among lawyers in the Philippines, and the prudential rule has emerged that whenever in doubt, verify. [...]

    • Oli Reyes said

      True. Some lawyers I know just have everything verified to be in the safe side. There is the hassle though of having to coordinate with the client to sign the verification.

  4. dionis jacobe said

    very informative. thanks

  5. Greg said

    Section 5, Rule 7 of the Revised Rules of Court does not speak of verification, but of certification of non-forum shopping. These two are not the same. For instance, certification of non-forum shopping is mandatory but verification is not. So what is the authority for saying that all civil complaints should be verified? We know it must be, but what is the rule or law that says so. Honestly, I don’t know. Can anyone help?

    • Section 4 Rule 7 of the Rules of Court, as amended by A.M. No. 00-2-10-SC dated May 1, 2000:
      Sec. 4. Verification. —xxx
      A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records. XXX
      The purpose of requiring verification is to secure an assurance that the allegations of the petition have been made in good faith, or are true and correct, not merely speculative.
      Accordingly, a party who initiates a complaint must assure that his allegations are true and correct of his personal knowledge or based on authentic records.

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