Title
Supreme Court
Fuentebella vs. Castro
Case
G.R. No. 150865
Decision Date
Jun 30, 2006
Widow sued funeral service for distress after burial mishap; case dismissed due to defective certification against forum shopping, upheld by Supreme Court.

Case Summary (G.R. No. 150865)

Case Background and Initial Proceedings

The incident at the burial led to a grievance from the respondent due to the negligence displayed by the petitioners. Specifically, the dimensions of the vault were found mismatched with the measurements of the casket, resulting in the casket being exposed to the sun for approximately one hour. Following the event, Darlica Castro filed a complaint for damages against the petitioners in the Municipal Trial Court in Cities (MTCC) of Bacolod City on March 16, 1998, seeking moral and exemplary damages. The petitioners' motion to dismiss based on jurisdictional grounds was granted, leading to Castro's withdrawal of her complaint.

Subsequent Filing and Certification Against Forum Shopping

On April 15, 1999, Darlica Castro re-filed her complaint in the Regional Trial Court (RTC) of Negros Occidental. In this filing, she included a Verification and Certification against Forum Shopping as mandated by Section 5, Rule 7 of the Rules of Court, affirming that she had not commenced any other action involving the same issues. The petitioners contested this filing, asserting that the certification was false since Castro had previously filed a similar complaint. The RTC denied their motion to dismiss on January 3, 2000, ruling that while the requirement for a certificate of non-forum shopping is mandatory, a strict interpretation that defeats its purpose should be avoided.

Appeals and Court of Appeals' Resolutions

Following the RTC's denial of their motion to dismiss, the petitioners sought certiorari from the Court of Appeals, which ultimately dismissed their plea. The dismissal was based on the certification being signed by Lourdes Pomperada without sufficient evidence of her authority to act on behalf of the petitioners. A subsequent motion for reconsideration was also denied, as the Court noted the lack of proof regarding Pomperada's authority to represent the co-petitioner, Art Fuentebella.

Legal Issues Raised

The petition for review raised two primary issues:

  1. Allegations of erroneous dismissal by the Court of Appeals based on a non-existent rule regarding authority to sign the petition for certiorari.
  2. Claims of grave abuse of discretion by the RTC in its refusal to dismiss the complaint due to the alleged false certification regarding forum shopping.

Court's Findings on Authority to Sign

The court examined the requirements established in Rule 7, Section 5 of the Rules of Court and reaffirmed that the individual signing the certification against forum shopping must have explicit authorization. The rationale for this requirement is grounded in ensuring that the signatory has the actual knowledge of any previously filed or pending actions concerning the same issues.

Implications of False Certification

Regarding the second

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