VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING | SAMPLE AND FACTS

Before we proceed with the Sample format of Verification and Certification of Non-Forum Shopping, let us first know what are these forms.

VERIFICATION

A Verification is a declaration from the affiant that the allegations contained in the pleading (Complaint, for example) are true and correct based on his personal knowledge, or based on authentic documents, and such allegations have evidentiary support, or will likewise have evidentiary support if specifically identified and the filing of the pleading is not interposed to harass other party, or to cause unnecessary delay or needlessly increase the cost of the court proceeding.

Under Revised Rules of Court, aside from the party himself, his lawyer,  representative, or any person who personally knows the truth of the facts alleged in the pleading are now allowed to make the Verification subject also to some conditions. 

If the Verification is to be made by a person other than the party himself, such person's authority to sign the verification, whether in the form of a Secretary's Certificate or Special Power of Attorney.

Please take note that not all pleadings filed in court requires Verification.

CERTIFICATION OF NON-FORUM SHOPPING

This is a Certification under oath by the complainant or principal party in the complaint or other initiatory pleading asserting a claim for relief. 

Unlike the Verification, as a general rule, the affiant himself is the one obligated to execute the certification. However, under the Revised Rules of Court, a lawyer may also be allowed to make certification but only for justifiable reasons. Authorization in the form of a Secretary's Certificate or Special Power of Attorney were also added by the new rules-this is in cases where the affiant is a juridical person like Corporations for example.

SAMPLE:

Just for example, you are initiating a Civil Action for the Collection of Sum of Money. This form is placed after the Relief prayed for in your complaint and before the JURAT. 

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Inu Tangan, of legal age, Filipino, Single, and a resident of 123 Bagong Liwanag, Sinilangan, Quezon City, Philippines, after having been duly sworn, depose and state:

1. That I am the Plaintiff in the forgoing Complaint for Sum of Money;

2. That I caused the preparation of the Complaint, which I have fully read and understood;

3. That all factual allegations contained in the said Complaint are true and correct of my own personal knowledge and belief, as well as true and correct on the basis of authentic documents and records on my possession;

4. That I have not commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agencies;

5. That to the best of my knowledge no such action or proceeding is pending in any court, tribunal or quasi-judicial agency;

6. That if I should hereafter learn that any other similar action or claim has been filed or is pending, I shall report that fact within five (5) days from knowledge thereof to this Honorable Court.

INU TANGAN

JURAT

(See my post for your Sample format of JURAT, just follow this link: Sample Jurat)