SENATOR LEILA M. DE LIMA v. JUANITA GUERRERO, GR No.

229781,
2017-10-10

Facts:

The Senate and the House of Representatives conducted several inquiries

on the proliferation of dangerous drugs syndicated at the New Bilibid
Prison (NBP), inviting inmates who executed affidavits in support of their
testimonies.

the four cases were consolidated and the DOJ Panel of Prosecutors (DOJ
Panel),[5] headed by Senior Assistant State Prosecutor Peter Ong, was
directed to conduct the requisite preliminary investigation

The DOJ Panel conducted a preliminary hearing on December 2, 2016,[7]

wherein the petitioner, through her counsel, filed an Omnibus Motion...
the petitioner argued that the Office of the Ombudsman has the exclusive
authority and jurisdiction to hear the four complaints against her. Further,
alleging evident partiality on the part of the DOJ Panel, the petitioner
contended that the DOJ prosecutors should inhibit themselves and refer
the complaints to the Office of the Ombudsman.

Issues:

Whether or not petitioner, in filing the present petition, violated the rule
against forum shopping

Ruling:

In this case, when petitioner De Lima failed to sign the Verification and
Certification against Forum Shopping in the presence of the notary, she
has likewise failed to properly swear under oath the contents thereof,
thereby rendering false and null the jurat and invalidating the Verification
and Certification against Forum Shopping... he Court explained that "non-
compliance therewith or a defect therein, unlike in verification, is
generally not curable by its subsequent submission or correction thereof,
unless there is a need to relax the Rule on the ground of 'substantial
compliance' or presence of 'special circumstances or compelling
reasons.'" Here, the CA did not mention nor does there exist - any
perceivable special circumstance or compelling reason which justifies
the rules' relaxation. At all events, it is uncertain if any of the private
respondents certified under oath that no similar action has been filed or
is pending in another forum.

Principles: