First Division (G.R. No. 203923, October 08, 2018) : Leonardo-De Castro, Cj.
First Division (G.R. No. 203923, October 08, 2018) : Leonardo-De Castro, Cj.
First Division (G.R. No. 203923, October 08, 2018) : Leonardo-De Castro, Cj.
C. IT DISREGARDED THE
PREFERENTIAL AND SUPERIOR
RIGHTS OF THE LEGITIMATE
CHILDREN OVER THE
ILLEGITIMATE CHILDREN OF THE
DECEDENT.
D. IT DISREGARDED THE
SUBSTANTIATED GROUNDS
RAISED BY PETITIONERS HEIRS
LONGA, SHOWING THE UNFITNESS
OF RESPONDENT STA. CRUZ TO
DISCHARGE HER DUTIES AS
ADMINISTRATRIX OF THE ESTATE
OF THE DECEDENT.[24]
2) As to verification, non-
compliance therewith or a
defect therein does not
necessarily render the
pleading fatally defective. The
court may order its submission
or correction or act on the
pleading if the attending
circumstances are such that
strict compliance with the
Rule may be dispensed with in
order that the ends of justice
may be served thereby.
3) Verification is deemed
substantially complied with
when one who has ample
knowledge to swear to the
truth of the allegations in the
complaint or petition signs the
verification, and when matters
alleged in the petition have
been made in good faith or are
true and correct.
4) As to certification against
forum shopping, 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."
SO ORDERED.
[30] Records, p. 6.
[31] Supra note 28 at 692-693.
(a) Is a minor;
(b) Is not a resident of the Philippines[.]