653 Phil. 240
LEONARDO-DE CASTRO, J.:
On the basis of a complaint, an inspection was conducted at the premises of appellant DXCP Radio Station on January 13, 2004, where the following violations of labor standards laws were noted:
- Underpayment of minimum wage;
- Underpayment of 13th month pay;
- Non-payment of five (5) days service incentive leave pay;
- Non-remittance of SSS premiums;
- Non-payment of rest day premium pay of some employee;
- Non-payment of holiday premium pay; and
- Some employees are paid on commission basis aside from their allowances.
A copy of the Notice of Inspection Results was explained to and received by Tony Ladorna for appellants. Later on, or on January 16, 200[4], another copy of the Notice of Inspection Results was received by Felipe S. Galindo, Technical Supervisor of appellant DXCP. The Notice of Inspection Results required the appellants to effect restitution and/or correction of the above violations within five (5) calendar days from receipt of the Notice. Likewise, appellants were informed that any questions on the findings should be submitted within five (5) working days from receipts of the Notice.
A summary investigation was scheduled on March 3, 2004, where only appellees appeared, while appellants failed to appear despite due notice. Another hearing was held on April 1, 2004, where appellees appeared, while a certain Nona Gido appeared in behalf of Atty. Thomas Jacobo. Ms. Gido sought to re-schedule the hearing, which the hearing officer denied.
On May 20, 2004, the Regional Director issued the assailed Order, directing appellants to pay appellees the aggregate amount of Seven Hundred Fifty Nine Thousand Seven Hundred Fifty Two Pesos (Php759,752.00).[6]
WHEREFORE, premises considered, respondent DXCP Radio Station and/or Engr. Gauvain Benzonan, President, is hereby ordered to pay the seven (7) affected workers of their Salary Differential, Underpayment of 13th Month Pay, Five (5) days Service Incentive Leave Pay, Rest Day Premium Pay and Holiday Premium Pay in the total amount of SEVEN HUNDRED FIFTY-NINE THOUSAND SEVEN HUNDRED FIFTY-TWO PESOS (P759,752.00), Philippine Currency as indicated in the Annex "A" hereof and to submit proof of compliance to the Department of Labor and Employment, Regional Office No. XII, Cotabato City within ten (10) calendar days from receipt of this Order.[7]
WHEREFORE, premises considered, the appeal by DXCP Radio Station and Engr. Gauvain Benzonan is hereby DISMISSED for lack of merit. The Order dated May 24, 2004 of the Regional Director, directing appellants to pay the nine (9) appellees the aggregate amount of Seven Hundred Fifty-Nine Thousand Seven Hundred Fifty-Two Pesos (Php759,752.00), representing their claims for wage differentials, 13th month pay differentials, service incentive leave pay, holiday premium and rest day premium, is AFFIRMED.[8]
WHEREFORE, premises considered, the Motion for Reconsideration filed by DXCP Radio Station and Engr. Gauvain Benzonan, is hereby DENIED for lack of merit. Our Order dated November 8, 2004, affirming the Order dated May 20, 2004 of the OIC-Director, Regional Office No. 12, directing appellants to pay Rolando Fabrigar and eight (8) others, the aggregate amount of Seven Hundred Fifty-Nine Thousand Seven Hundred Fifty-Two Pesos (Php759,752.00), representing their claims for wage and 13th month pay differentials, service incentive leave pay, holiday pay and rest day premium, is AFFIRMED.[9]
1. The petition was not properly verified and the Certification of Non-Forum Shopping was not executed by the plaintiff or principal party in violation of Sections 4 and 5 of Rule 7 of the 1997 Rules of Civil Procedure, as the affiant therein was not duly authorized to represent the corporation. Such procedural lapse renders the entire pleading of no legal effect and is dismissible. Sections 4 and 5 of Rule 7 of the 1997 Rules of Civil Procedure provide:SEC. 4. Verification. - Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit.
A pleading is verified by an affidavit that the affiant has read the pleadings and that the allegations therein are true and correct of his personal knowledge or based on authentic records.
A pleading required to be verified which contains a verification based on "information and belief" or upon "knowledge, information and belief" or lacks a proper verification, shall be treated as an unsigned pleading. x x x.
SEC. 5. Certification against forum shopping. - The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith:
x x x x
Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions. x x x.
2. Annexes A, B, C, E and its attachments and F are not certified true copies contrary to Section 1, Rule 65 of the 1997 Rules of Civil Procedure which provides:SECTION 1. Petition for Certiorari. - x x x
x x x x
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. x x x.
3. Petitioner's counsel failed to indicate the date of issue of his IBP Official Receipt. As provided for under Bar Matter 287 dated September 26, 2000:"All pleadings, motions and papers filed in court whether personally or by mail shall bear counsel's current IBP official receipt number and date of issue otherwise, such pleadings, motions and paper may not be acted upon by the court, without prejudice to whatever disciplinary action the court may take against the erring counsel who shall likewise be required to comply with the such (sic) requirement within five (5) days from notice. Failure to comply with such requirement shall be ground for further disciplinary sanction and for contempt of court." x x x.[10]
- Whether the Court of Appeals committed grave abuse of discretion amounting to lack or excess of jurisdiction when it dismissed the Petition for Certiorari and denied the Motion for Reconsideration on its finding that the petition was not properly verified and the certification of non-forum shopping was not executed by the principal party allegedly in violation of Sections 4 and 5, Rule 7 of the 1997 Rules of Civil Procedure?
- Whether petitioners were denied due process of law in the proceedings before the Regional Director and the Office of the Secretary, both of the Department of Labor and Employment?
- Whether there was sufficient basis in the Order issued by the Regional Director, DOLE, Regional Office No. XII, dated May 20, 2004?[14]
It must be borne in mind that Sec. 23, in relation to Sec. 25 of the Corporation Code, clearly enunciates that all corporate powers are exercised, all business conducted, and all properties controlled by the board of directors. A corporation has a separate and distinct personality from its directors and officers and can only exercise its corporate powers through the board of directors. Thus, it is clear that an individual corporate officer cannot solely exercise any corporate power pertaining to the corporation without authority from the board of directors. This has been our constant holding in cases instituted by a corporation.
In a slew of cases, however, we have recognized the authority of some corporate officers to sign the verification and certification against forum shopping. In Mactan-Cebu International Airport Authority v. CA, we recognized the authority of a general manager or acting general manager to sign the verification and certificate against forum shopping; in Pfizer v. Galan, we upheld the validity of a verification signed by an "employment specialist" who had not even presented any proof of her authority to represent the company; in Novelty Philippines, Inc. v. CA, we ruled that a personnel officer who signed the petition but did not attach the authority from the company is authorized to sign the verification and non-forum shopping certificate; and in Lepanto Consolidated Mining Company v. WMC Resources International Pty. Ltd. (Lepanto), we ruled that the Chairperson of the Board and President of the Company can sign the verification and certificate against non-forum shopping even without the submission of the board's authorization.
In sum, we have held that the following officials or employees of the company can sign the verification and certification without need of a board resolution: (1) the Chairperson of the Board of Directors, (2) the President of a corporation, (3) the General Manager or Acting General Manager, (4) Personnel Officer, and (5) an Employment Specialist in a labor case.
While the above cases do not provide a complete listing of authorized signatories to the verification and certification required by the rules, the determination of the sufficiency of the authority was done on a case to case basis. The rationale applied in the foregoing cases is to justify the authority of corporate officers or representatives of the corporation to sign the verification or certificate against forum shopping, being "in a position to verify the truthfulness and correctness of the allegations in the petition."[16] (Emphases supplied.)