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ANTONIO DOCENA v. RICARDO P. LAPESURA

This case has been cited 6 times or more.

2007-09-05
SANDOVAL-GUTIERREZ, J.
In Docena v. Lapesura,[10]  we  ruled  that  the  certificate of non-forum
2005-12-15
QUISUMBING, J.
In the cases of United Residents of Dominican Hill, Inc. v. Commission on the Settlement of Land Problems[16] and Docena v. Lapesura,[17] we held that the certification of non-forum shopping should be signed by all of the petitioners in a case, and that the signing by only one of them is insufficient.
2005-03-28
QUISUMBING, J.
This contention is without merit.  As repeatedly held by this Court, the certificate of non-forum shopping should be signed by all the petitioners or plaintiffs in a case, otherwise, it would be deemed insufficient. The attestation contained in the certification of non-forum shopping requires personal knowledge by the party executing it, and the lone signing petitioner could not be presumed to have personal knowledge of the filing or non-filing by his co-petitioners of any action or claim it. To merit the court's consideration, petitioners must show reasonable cause for failure to personally sign the certification.[10] But in the present case, the Motion for Reconsideration filed below by petitioners did not satisfactorily explain the failure of the other petitioners to sign the certification of non-forum shopping nor did it cure the said defect, hence the petition was appropriately and validly dismissed by the Court of Appeals.[11]
2004-05-27
QUISUMBING, J.
However, respondents maintain that the complaint is defective as to form because all the petitioners are required to sign the complaint's certification on non-forum shopping. Respondents cite the cases of United Residents of Dominican Hill, Inc. v. Commission on the Settlement of Land Problems[4] and Docena v. Lapesura, [5] where we held that the certification on non-forum shopping should be signed by all of the petitioners or plaintiffs in a case and that the signing by only one of them is insufficient.
2003-03-18
CORONA, J.
The retroactive application of A.M. 00-2-03-SC has, in fact, already been ordered by this Court in a number of recent cases, such as Systems Factors Corporation vs. NLRC, [22] Unity Fishing Development Corporation vs. Court of Appeals, [23] Docena et. al. vs. Lapesura, [24] Pfizer vs. Galan [25] and Universal Robina Corporation et. al. vs. Court of Appeals et. al. [26]