CASE 2020-0016: GOOD EARTH ENTERPRISES, INC. VS. DANILO GARCIA, ET AL. (G.R. NO. 238761. JANUARY 22, 2020) (BRIEF TITLE: GOOD EARTH VS GARCIA)
DISPOSITIVE:
SUBJECTS/DOCTRINES/DIGEST:
WHAT HAPPENED IN THIS CASE?
PETITIONER FILED EJECTMENT CASE AGAINST RESPONDENTS IN MTC AND GOT FAVORABLE DECISION. MTC DECISION WAS APPEALED TO RTC WHICH AFFIRMED IT. BUT CA REVERSED THE MTC DECISION ON THE GROUND THAT WHEN THE CASE WAS FILED AT MTC, PETITIONER FAILED TO SUBMIT AUTHORITY FOR SIGNATORY TO SIGN VERIFICATION AND NON FORUM SHOPPING CERTIFICATION. SC REVERSED CA ON GROUND THAT A SECRETARY’S CERTIFICATE OF AUTHORITY WAS BELATEDLY FILED BY PETITIONER. BELATED FILING OF SUCH CERTIFICATE OF AUTHORITY IS ALLOWED.
BELATED FILING OF SECRETARY’S CERTIFICATE CONFIRMING AUTHORITY OF SIGNATORY IN A CASE.
CASE LAW PROVIDES THAT A PARTY’S BELATED SUBMISSION OF A SECRETARY’S CERTIFICATE CONSTITUTES SUBSTANTIAL COMPLIANCE WITH THE RULES AS IT OPERATE TO AFFIRM THE AUTHORITY OF THE DELEGATE TO REPREENT SUCH PARTY BEFORE THE COURTS.
TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.
SCD-2020-0016-Good Earth Enterprises, Inc. Vs. Danilo Garcia, et al.
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