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HUTAMA-RSEA v. KCD BUILDERS CORPORATION

This case has been cited 2 times or more.

2014-10-22
BERSAMIN, J.
We cannot also subscribe to the argument that the respondents were not appropriate parties to sign the verification. They were, considering that when the DAR issued the EPs, they became the real parties in interest in the proceedings, giving them the requisite personality to sign the verification. Moreover, there is no question that the party himself need not sign the verification, for it was enough that the party's representative, lawyer, or any person who personally  knew the truth of the facts alleged in the pleadings could sign the verification.[41] In any event, the respondents, as the identified beneficiaries, had legal standing and interest to intervene to protect their rights or interests under Republic Act No. 6657. This is clear from Section 19 of Republic Act No. 9700,[42] which amended Republic Act No. 6657 by adding Section 50-A, to wit: Section 19. Section 50 of Republic Act No. 6657, as amended, is hereby further amended by adding Section 50-A to read as follows:
2010-10-18
DEL CASTILLO, J.
In Hutama-RSEA/Super Max Phils., J.V. v. KCD Builders Corporation,[13] Hutama as petitioner therein questioned the verification and certification on non-forum shopping of respondent KCD which the latter attached to its Complaint for Sum of Money filed before the RTC.  According to Hutama, KCD's president did not present any proof that he is authorized by the corporation to sign the verification and certification of non-forum shopping. In explaining the requirement of verification and certification against forum-shopping and upholding the authority of the president of the corporation to execute the same sans proof of authority, this Court has this to say: A pleading is verified by an affidavit that an affiant has read the pleading and that the allegations therein are true and correct as to his personal knowledge or based on authentic records.  The party does not need to sign the verification.  A party's representative, lawyer, or any person who personally knows the truth of the facts alleged in the pleading may sign the verification.