What's Verification?
The general rule is that a pleading does not have to be under oath. Hence, a pleading need not be verified. Verification is required only when so by a law or by a rule. ADVERTISEMENT: Work from home! Be an online English tutor. Earn at least PHP100/hour.
A pleading is verified by an affidavit, which declares the following:
[1] The affiant has read the pleading, and;
[2] The allegations therein are true and correct to his personal knowledge or based on authentic records.
The verification requirement is significant, as it is intended to secure an assurance that the allegations in a 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 absence of proper verification makes the pleading as unsigned and dismissible.
It has, however, been held that the absence of a verification or the non-compliance with the verification requirement does not necessarily render the pleading defective. It is only a formal and not a jurisdictional requirement. The requirement is a condition affecting only the form of the pleading (Sarmiento vs. Zaratan).
The absence of a verification may be corrected by requiring an oath. The rule is in keeping with the principle that rules of procedure are established to secure substantial justice and that technical requirements may be dispensed with in meritorious cases (Pampanga Development Sugar Co. vs. NLRC).
The court may order the correction of the pleading or act on an unverified pleading if the attending circumstances are such that strict compliance would not fully serve substantial justice, which after all, is the basic aim for the rules of procedure (Robert Development Corp. vs. Quitain).
