Tuesday, July 10, 2012

JUSTICE MARTIN VILLARAMA, JR.: VERIFICATION OF A PLEADING IS ONLY A FORMAL REQUIREMENT. IT IS NOT JURISDICTIONAL


It is simply a condition affecting the form of the pleading, and non-compliance therewith does not necessarily render the pleading fatally defective. Verification is simply intended to secure an assurance that the allegations in the pleading are true and correct and not the product of the imagination or a matter of speculation, and that the pleading is filed in good faith. The court may order the correction of the pleading if verification is lacking or act on the pleading although it is not verified, if the attending circumstances are such that strict compliance with the rules may be dispensed with in order that the ends of justice may thereby be served (MEDISERV, INC. vs. COURT OF APPEALS, et al. G.R. No. 161368, April 5, 2010, First Division, Villarama, Jr., J.).

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