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PHILIPPINE PUBLIC SCHOOL TEACHERS ASSOCIATION v. HEIRS OF CAROLINA P. ILIGAN

This case has been cited 1 times or more.

2012-06-13
SERENO, J.
However, this very case does not involve a failure to attach the Annexes. Rather, the procedural infirmity consists of omission the failure to sign a Verification and Certification against forum shopping. Addressing this defect squarely, we have already resolved that because of noncompliance with the requirements governing the certification of non-forum shopping, no error could be validly attributed to the CA when it ordered the dismissal of the special civil action for certiorari.[27] The lack of certification against forum shopping is not curable by mere amendment of a complaint, but shall be a cause for the dismissal of the case without prejudice.[28] Indeed, the general rule is that subsequent compliance with the requirements will not excuse a party's failure to comply in the first instance.[29] Thus, on procedural aspects, the appellate court correctly dismissed the case.