Dismissal due to lack of attachments
Spouses Melo v. Court of Appeals, 376 Phil. 204, 213-214 (1999) is the case in
which the Supreme Court ruled that compliance with the certification against
forum shopping is separate from, and independent of, the avoidance of forum
shopping itself. Thus, there is a difference in the treatment—in terms of
imposable sanctions—between failure to comply with the certification
requirement and violation of the prohibition against forum shopping. The
former is merely a cause for the dismissal, without prejudice, of the
complaint or initiatory pleading, while the latter is a ground for summary
dismissal thereof and constitutes direct contempt.
Read also Philippine Radiant Products, Inc. v. Metropolitan Bank & Trust
Company, Inc., G.R. No. 163569, December 9, 2005, 477 SCRA 299, 314, in which
the Court ruled that the dismissal due to failure to append to the petition
the board resolution authorizing a corporate officer to file the same for and
in behalf of the corporation is
without prejudice. So is the
dismissal of the petition for failure of the petitioner to append thereto the
requisite copies of the assailed order/s.
Read also Philippine Radiant Products, Inc. v. Metropolitan Bank & Trust
Company, Inc., G.R. No. 163569, December 9, 2005, 477 SCRA 299, 314, in which
the Court ruled that the dismissal due to failure to append to the petition
the board resolution authorizing a corporate officer to file the same for and
in behalf of the corporation is
without prejudice. So is the
dismissal of the petition for failure of the petitioner to append thereto the
requisite copies of the assailed order/s.
