G.R. No.

160455 May 9, 2005

ATENEO DE NAGA UNIVERSITY and EDWIN P. BERNAL, petitioners,

vs.

JOVITA S. MANALO, respondent.

DECISION

DAVIDE, JR., C.J.:

In this petition for review on certiorari under Rule 45 of the Rules of Court, petitioners urge this Court to
reverse the Resolutions of 23 January 2003 and 03 October 2003 of the Court of Appeals (Eighth
Division), which, respectively, dismissed, insofar as petitioners are concerned, the petition for certiorari
docketed as C.A.-G.R. SP No. 74899 and entitled "Ateneo de Naga University, Fr. Joel Tabora, S.J., and
Mr. Edwin P. Bernal vs. Hon. National Labor Relations Commission and Jovita S. Manalo" on the ground
that the verification and certification against forum shopping was signed only by Fr. Tabora, and denied
the motion to reconsider the former.

The controversy stemmed from the complaint for constructive dismissal, with prayer for moral and
exemplary damages and attorney’s fees, filed by respondent with the Sub-Regional Arbitration Branch
No. 5 of the National Labor Relations Commission (NLRC) in Naga City against petitioners Ateneo de
Naga University (ADNU) and Dean Edwin P. Bernal of ADNU’s College of Commerce, and ADNU President
Fr. Joel Tabora, S.J. This complaint was docketed as Sub-RAB 05-04-00118-00.

In its decision of 13 December 2000,1 Labor Arbiter Jesus Orlando M. Quiñones rendered judgment
against petitioners and Fr. Tabora. The labor arbiter found respondent to have been constructively
dismissed when she was transferred from the Accountancy Department of the College of Commerce to
the Department of Social Sciences of the College of Arts and Sciences of petitioner ADNU after being
charged with alleged mismanagement of the Ateneo de Naga Multi-Purpose Cooperative. The labor
arbiter did not, however, award moral and exemplary damages to respondent.

On appeal by the contending parties, the NLRC affirmed in toto the decision of the labor arbiter and
denied the motion for reconsideration filed by petitioners and Fr. Tabora in its resolution of 26 March
20022 and 30 August 2002,3 respectively.
Hence, petitioners and Fr. Tabora filed with the Court of Appeals on 22 November 2002 a petition for
certiorari under Rule 65 of the Rules of Court ascribing grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of the NLRC. The petition was docketed as CA - G.R. SP No. 74899.
However, as stated at the outset, the Court of Appeals dismissed the said petition in a Resolution dated
23 January 2003, finding the verification and certification against forum shopping attached to the
petition to have been signed only by Fr. Tabora, thus:

The instant petition for certiorari is outrightly DISMISSED, as its verification and certification against non-
forum shopping are signed by only one of the three petitioners. In Loquias vs. Office of the Ombudsman
(338 SCRA 62 [2000]), it was held that all petitioners must be signatories to the certification of non-
forum shopping unless one is authorized by the other petitioners. Otherwise, the petition is fatally
defective.

So ordered.4

On 13 February 2003, Petitioners and Fr. Tabora filed a motion for reconsideration5 of the foregoing
resolution on the ground that Fr. Tabora signed the verification and certification of non-forum shopping
not only for himself but also for petitioners herein. Petitioners explained that as president of ADNU, Fr.
Tabora was its official representative, and in such capacity, he was duly authorized to sign for and in its
behalf. Likewise, petitioners argued that Fr. Tabora was duly authorized by petitioner Bernal to sign for
and in his behalf, as evidenced by the Special Power of Attorney6 dated 18 November 2002, which they
admit to have inadvertently failed to attach to their petition for certiorari and which they only attached
to their motion for reconsideration.

On 27 June 2003, respondent filed an Opposition to the Motion for Reconsideration with Motion to
Admit Opposition dated 26 June 2003,7 asserting that with respect to petitioner ADNU, no secretary’s
certificate or board resolution authorizing Fr. Tabora to file the petition for certiorari was attached to
the motion for reconsideration; neither was there an allegation to the effect that Fr. Tabora was so
authorized. With respect to petitioner Bernal, respondent contended that even assuming that a Special
Power of Attorney was executed prior to the filing of the petition for certiorari, neither petitioner Bernal
nor Fr. Tabora was authorized to file the petition for certiorari for the primary petitioner, ADNU.

On 16 July 2003, petitioners and Fr. Tabora filed their Comment to Opposition and Manifestation with
Motion to Expunge from the Records dated 09 July 2003,8 praying that respondent’s opposition be
removed from the records for having been filed out of time and reiterating their motion for
reconsideration of the Court of Appeals’ 23 January 2003 Resolution. At the same time, petitioners and
Fr. Tabora attached to their comment (1) a Secretary’s Certificate dated 06 November 20029 attesting to
a 04 November 2002 resolution of ADNU’s Board of Trustees authorizing Fr. Tabora to file the petition
for certiorari and sign the verification and certificate of non-forum shopping, and (2) a Secretary’s
Certificate dated 07 July 200310 attesting to a resolution of ADNU’s Board of Trustees on even date
ratifying Fr. Tabora’s acts in connection with the filing of the petition for certiorari, in particular his
signing of the certificate of non-forum shopping.

In her Reply to Comment to Opposition and Manifestation and Opposition to Motion to Expunge from
the Records with Motion to Expunge Comment of the Petitioners dated 14 July 2003,11 respondent
called attention to the failure of petitioners and Fr. Tabora to mention the certificates in their petition
for certiorari and motion for reconsideration. She also noted that in the said motion, petitioners strongly
argued that Fr. Tabora had authority to represent ADNU in his capacity as president and not on the basis
of any secretary’s certificate.

On 03 October 2003, the Court of Appeals, unconvinced by petitioners’ arguments and the documents
they presented, issued a resolution denying the motion for reconsideration insofar as petitioners are
concerned but granting it relative to Fr. Tabora. It ruled:

…In a more recent case, however, Loquias was modified when the High Court ruled:

"The greater interest of justice would be served if the petition for certiorari filed by petitioners before
the Court of Appeals is adjudicated on its merits with respect to the three petitioners who have signed
the verification and certification on non-forum shopping…than to make them all pay for the failure of
their co-petitioner…to observe his own compliance with the rules. The three petitioners who have
faithfully observed the rules mandated in Section 5, Rule 7 of the 1997 Rules of Civil Procedure, by
signing the requisite verification and certification on non-forum shopping, should not be unduly
prejudiced by the fault of their co-petitioner who apparently has lost interest in pursuing his case." (Fiel
v. Kris Security Systems, Inc., G.R. No. 155875, April 3, 2003)

Accordingly, the above dismissal order is hereby RECONSIDERED AND SET ASIDE, only insofar as the
signing petitioner, Fr. Joel Tabora, S.J. is concerned. As to the other two (2) petitioners, Ateneo de Naga
University and Edwin P. Bernal, the dismissal STANDS.

It should be noted that We are not persuaded by the late filing of the Special Power of Attorney
executed by Bernal in favor of Fr. Tabora….The same is true with the two (2) Secretary’s Certificates ….
For if indeed said empowerments were existing before the filing hereof, it should have been mentioned
in the petition. None was alleged in the petition. Moreover, We cannot see any reason why despite
having priorly authorized Fr. Tabora and Bernal on November 6, 2002 to file the petition at bar, on July
7, 2003, the same Board of Trustees will unanimously pass and adopt another similar resolution of
authority to Fr. Tabora and Bernal. Noteworthy too is that the Secretary’s Certificate dated November 6,
2002 was never mentioned in petitioners’ Motion for Reconsideration thereby putting the same on high
suspicion.

ACCORDINGLY, petitioners’ Motion for Reconsideration is DENIED insofar as petitioners Ateneo de Naga
University and Edwin P. Bernal are concerned, while the same is GRANTED relative to petitioner Fr. Joel
Tabora, and this petition is ordered REINSTATED as far as he is concerned. …12

Petitioners then filed with this Court the petition at bar. They allege therein that the Court of Appeals
committed gross and prejudicial error in dismissing the petition as far as they were concerned. They
argue that they and Fr. Tabora share a common interest in the subject matter of CA-G.R. SP No. 74899,
that they collectively filed the petition to uphold their common interest, and that they have substantially
complied with Section 3, Rule 46 of the Rules of Court by subsequently presenting proof that Fr. Tabora
was authorized to sign the certificate of non-forum shopping on their behalf. Thus, they assert that such
dismissal was irregular and not in conformity with the applicable decisions of this Court.

In her Comment,13 respondent claims that petitioners and Fr. Tabora do not share a common interest
as not all of them were adjudged liable by the labor arbiter and the NLRC. Only petitioner ADNU was
held liable for the relief granted; as such, petitioner Bernal and Fr. Tabora have no cause of action
against either respondent or the NLRC. Respondent further averred that petitioners cannot invoke
substantial compliance with Section 3, Rule 46 of the Rules of Court as their belated submission of the
Special Power of Attorney and Secretary’s Certificates was highly suspect. As regards the certificates,
respondent additionally declared their submission to be evidently an afterthought as they were put
forward only after respondent repeatedly pointed out the absence of authority of Fr. Tabora.

After the filing by petitioners of the Reply to the Comment, the Court gave due course to the petition
and required the parties to submit their respective memoranda, which they later did.

Once again, this Court is confronted with the question of whether the Court of Appeals correctly
dismissed the petition for certiorari insofar as petitioners are concerned for lack of proper verification
and certification against forum shopping. Specifically, the problem in this case is not the lack of
verification and certification but the adequacy of one executed by only one of three petitioners in the
Court of Appeals. Invoking substantial compliance, petitioners are asking this Court to temper the
application of the rules on verification and certification against forum shopping to forestall the dismissal
of their petition before the Court of Appeals.

This Court finds merit in the instant petition.

As regards the verification requirement, this Court explained in Torres vs. Specialized Packaging
Development Corporation14 that such requirement is deemed substantially complied with when, as in
that case, two out of 25 real parties-in-interest, who undoubtedly have sufficient knowledge and belief
to swear to the truth of the allegations in the petition, signed the verification attached to it. Such
verification is deemed sufficient assurance that the matters alleged in the petition have been made in
good faith or are true and correct, not merely speculative.15

Applying the foregoing to the instant petition, this Court finds that, at the minimum, the lone signature
of Fr. Tabora is sufficient to fulfill the verification requirement. Undoubtedly, Fr. Tabora, whose acts as
president of petitioner ADNU are in issue, is a real party-in-interest. As ADNU’s president and himself a
party to the instant case, Fr. Tabora has sufficient knowledge to swear to the truth of the allegations in
their petition for certiorari filed with the Court of Appeals. His signature, therefore, is sufficient
assurance that the allegations in their petition have been made in good faith or are true and correct, not
merely speculative.

In fact, the signature of Fr. Tabora is sufficient to stand for petitioners ADNU and Bernal. Although
belatedly shown, the authority of Fr. Tabora to sign on behalf of petitioners is apparent from the record.
Thus, attached to petitioners’ motion for reconsideration was a Special Power of Attorney16 dated 18
November 2002, and to their Comment to Opposition and Manifestation with Motion to Expunge from
the Records dated 09 July 2003 were attached the Secretary’s Certificates17 showing that ADNU’s Board
of Trustees authorized Fr. Tabora to file the petition for certiorari and sign the verification and
certification against forum shopping and ratified Fr. Tabora’s acts in connection with the filing of said
petition. While these documents were not attached to the petition for certiorari filed with the Court of
Appeals and were submitted only after the filing of said petition, they nonetheless confirm the authority
of Fr. Tabora to act on behalf of petitioners in filing the petition.

Respondent assails the authority of Fr. Tabora to sign on behalf of petitioners in view of the belated
filing of the Special Power of Attorney dated 18 November 2002 and the two secretary’s certificates,
which respondent asserts as suspect. In effect, respondent would have this Court discredit these
documents to render baseless the supposed authority of Fr. Tabora to sign on behalf of petitioners.

This Court, however, is not persuaded. Any suspicion on the authenticity and due execution of the
special power of attorney and the two secretary’s certificates, which are notarized documents – and as
such, public documents – cannot stand against the presumption of regularity in their favor absent
evidence that is clear, convincing, and more than merely preponderant.18 The rule of long standing is
that a public document executed and attested through the intervention of a notary public is evidence of
the facts in a clear, unequivocal manner therein expressed.19 In the instant case, except for
respondent’s bare allegations to cast doubt on these documents, there was no evidence adduced in
support thereof. Absent such evidence, the presumption must stand and the special power of attorney
and secretary’s certificates must be upheld.

Considering the foregoing, this Court finds Fr. Tabora to be duly authorized to sign on behalf of
petitioners the verification attached to their petition for certiorari, and, for the same reason, the
certification against forum shopping.

It appearing that Fr. Tabora was, in fact, a duly authorized signatory, it can be said that there was at
least substantial compliance with, and that there was no attempt to ignore, the prescribed procedural
requirements.20 The delay in the presentation of the documents showing the authority of Fr. Tabora to
sign on behalf of petitioners cannot be allowed to defeat the petition for certiorari filed with the Court
of Appeals. By the time the Court of Appeals resolved to uphold its dismissal of the petition as to them,
they had already submitted proof of their conferment upon Fr. Tabora of the authority to sign the
verification and certification against forum shopping. Such dismissal exalts technicality over substantial
right, which this Court cannot countenance.

Time and again, this Court has held that rules of procedure are established to secure substantial justice.
Being instruments for the speedy and efficient administration of justice, they must be used to achieve
such end, not to derail it.21 In particular, when a strict and literal application of the rules on non-forum
shopping and verification will result in a patent denial of substantial justice, these may be liberally
construed.22

Moreover, as regards the certification against forum shopping, this Court has relaxed, under justifiable
circumstances, the rule requiring the submission of such certification considering that although it is
obligatory, it is not jurisdictional.23 This Court has also applied the rule of substantial compliance under
justifiable circumstances with respect to the contents of the certification.24 If this Court has, in previous
rulings, allowed the belated filing of the certification against forum shopping for compelling reasons,
with more reason should it sanction the timely submission of such certification albeit the proof of
authority of the signatory was put forward only after.

The outright dismissal of the petition for certiorari as far as petitioners are concerned would defeat the
administration of justice and result in a patent denial of substantial justice. The reinstatement of said
petition is warranted by the substantial right and freedom involved – the right of employees, on the one
hand, and the academic freedom of educational institutions, on the other hand. Both petitioners Bernal
and ADNU have substantial interests to protect as their very acts are the ones subject of the petition
before the Court of Appeals. Moreover, petitioner ADNU is an indispensable party without whom no
final determination can be had of said petition.25 In fact, petitioner ADNU was the one specifically
ordered by the NLRC to (1) immediately reinstate respondent to her former position or, at the option of
respondent, effect payroll reinstatement; (2) effect and pay respondent’s additional annual across the
board increase of salary, allowances, and benefits or their monetary equivalent; and (3) pay respondent
ten percent of the total amount awarded representing attorney’s fees.26

The ends of justice are better served when cases are determined on the merits – after all parties are
given full opportunity to ventilate their causes and defenses – rather than on technicality or some
procedural imperfections.27 Accordingly, the petition for certiorari before the Court of Appeals should
be reinstated for proper determination of the substantive issues.

WHEREFORE, the instant petition is GRANTED. The assailed Resolutions of the Court of Appeals in CA –
G.R. SP No. 74899 are SET ASIDE, and said CA-G.R. SP No. 74899 is ordered REINSTATED as far as
petitioners are concerned for further proceedings.

No pronouncement as to costs.

SO ORDERED.