[G.R. No. 163838. September 20, 2004]
WALLEM MARITIME vs. DELA
CRUZ
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
SEP 20 2004
.
G.R. No. 163838 (Wallem
Maritime Services, Inc. and Wallem Shipmanagement Hongkong Limited
vs. Tiburcio dela Cruz.)
Before us is petitioners' Motion for Reconsideration of the
Resolution dated July 12, 2004,
denying the petition for review on certiorari
for their failure to properly verify the petition and to submit a valid
certification on non-forum shopping, the verification and certification on
non-forum shopping having been signed by affiant without proof of authority to
sign on behalf of petitioners.
Petitioners attached to their motion for reconsideration a
Secretary's Certificate of the Board Resolution of June 7, 2004, stating that affiant James E. Nicoll is authorized to sign the verification and
certification of non-forum shopping on behalf of petitioner Wallem
Maritime Services, Inc. It is noted, however, that the other petitioner, Wallem Shipmanagement Hongkong Limited has not given its authorization to Nicoll. We have ruled that where there are two or more
petitioners represented by the same lawyer, a petition signed by only one of
them is defective unless he was authorized by his co-parties to represent them
and sign the Certificate of Non-Forum Shopping on their behalf as it cannot be
presumed that the petitioner who signed had personal knowledge that his
co-parties had not filed a similar action in another venue.
[1]
cralaw
WHEREFORE,
petitioners' motion for reconsideration is hereby DENIED with finality for lack
of merit.
SO ORDERED.
Very truly yours,
(Sgd.)
LUDICHI
YASAY-NUNAG
Clerk of Court
