Filipinas Eslon Manufacturing Corp. v. Heirs of Basillo Llanes

Facts: Atty. Busico, the counsel for respondents, wrote a Letter to the management of FEMCO informing them that its plant site may have encroached into his clients' properties.  Atty. Gerardo Padilla, counsel for FEMCO, replied that his client's property is covered by a valid certificate of title. He also discovered that the property which is registered in the name of Basilio Llanes is spurious.

FEMCO management received a letter from Atty. Tampus, apparently the new counsel for the Heirs of Basilio Llanes, informing them that that they had erroneously fenced a portion of his clients' lot. The letter demanded that the fence be removed immediately and for FEMCO to pay a rental fee until the fence shall have been removed.

Atty. Padilla wrote Atty. Tampus a Letter informing him that "per cadastral record, the only persons who filed answers to Lot 1911 were Messrs. Pio Echavez and Pedro Q. Solosa. Basilio Llanes never claimed or filed an answer to said lot. Also, per Form No. 36, Record of Cadastral Answer, Lot 1911 is not yet decreed in favor of any person, let alone in the name of Basilio Llanes. The only inevitable conclusion is that the title of your clients is faked (sic)."

RTC ruled in favor of petitioner. CA granted the appeal.

Issue: Whether or not there is a defect in the verification and certification of non-forum shopping.

Held: No. According to Section 5, Rule 7, of the Rules of Court, and as held by a catena of cases decided by the Court, it is the plaintiff or principal party who should execute the certification of non-forum shopping under oath. In the case of the corporations, the physical act of signing may be performed, on behalf of the corporate entity, only by specifically authorized individuals for the simple reason that corporations, as artificial persons, cannot personally do the task themselves.

It is crystal clear from the Secretary's Certificate dated November 9, 2010 attached by petitioner FEMCO in its Petition that Calvin H. Tabora is "authorized to sign the Verification and Certification of Non-Forum Shopping of the above petition."