CASE DIGEST: DIGITAL MICROWAVE CORPORATION vs. CA. G.R. No. 128550. March 16, 2000

FACTS:

Private respondent filed a complaint against petitioner Digital Microwave Corp. for damages before the RTC. Petitioner moved for the dismissal of the complaint but it was denied as well as the subsequent motion for reconsideration.

Petitioner then filed a special civil action for certiorari before the CA but the latter dismissed the petition for failure to comply with Revised Circular No. 28-91, as amended by Administrative Circular No. 04-94 requiring the petition be accompanied by a sworn certification against forum shopping, signed by petitioner himself but the Petitioner's certification was signed by counsel.

Petitioner moved for a reconsideration of the dismissal and submitted a sworn certification against forum shopping duly signed by one of its senior officers. The CA denied the motion since absent any compelling reason for petitioner's failure to comply, at first instance, with the rules, the Court cannot, therefore, accept its subsequent compliance.

Hence, this petition before the Court seeking reversal of the ruling of CA.

ISSUE:

Whether a corporation must comply with the requirement that the certification against forum shopping be accomplished by petitioner himself.

RULING: 

YES. A corporation must comply with the Revised Circular. The reason behind this is that the petitioner himself has actual knowledge of whether or not he has initiated similar actions or proceedings in different courts or agencies. His counsel may be unaware of such fact.

The petitioner’s contention that a corporation cannot possibly hope to comply with the requirement laid down by Revised Circular because it is a juridical entity and not a natural person is not tenable. Corporations have directors and officers to represent it in its transactions with others as in this case for the certification against forum shopping. It could easily have been made by a duly authorized director or officer of the corporation.