Digital Microwave v. Court of Appeals

Summary

Digital Microwave v. Court of Appeals Corporation challenged the Court of Appeals' dismissal of its certiorari petition, which was dismissed for procedural non-compliance when its counsel signed the certification against forum shopping instead of a corporate officer. The Supreme Court upheld the dismissal, emphasizing that Revised Circular No. 28-91 requires personal certification by the petitioner because only the petitioner has actual knowledge of similar pending actions. The Court rejected the argument that counsel could sign on behalf of corporations, noting that corporations have officers to represent them. The decision reinforces strict compliance with procedural rules regarding forum shopping certifications, establishing that substantial compliance is insufficient and that subsequent compliance after dismissal cannot cure initial procedural defects without compelling justification. This case demonstrates the Supreme Court's stringent approach to procedural requirements designed to prevent forum shopping abuse.