Professional Documents
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Republic v. Kenrick
Republic v. Kenrick
entrusted to just anyone was void. Any act taken pursuant to that authority was likewise void. There
Complaint & Pleadings – Aside from signature of lawyer, what else are required? was no way it could have been cured or ratified by Atty. Garlitos’ subsequent acts.
No doubt, Atty. Garlitos could not have validly given blanket authority for just anyone to sign
Facts: the answer. The trial court correctly ruled that respondent’s answer was invalid and of no
1. Kenrick built a concrete fence around some parts of the land behind the Civil Aviation legal effect as it was an unsigned pleading. Respondent was properly declared in default and
Training Center of the Air Transportation Office (ATO) claiming ownership over those lands. the Republic was rightly allowed to present evidence ex parte.
Its encroachment resulted to the dispossession of ATO of some 30,228 square meters of prime Respondent insists on the liberal application of the rules. It maintains that even if it were true that its
land. Kenrick justified its action by presenting TCTs issued in its name and which allegedly answer was supposedly an unsigned pleading, the defect was a mere technicality that could be set
originated from a TCT registered in the name of Alfonso Concepcion. aside.
2. When ATO verified the TCTs, the Registrar of Deeds reported that it has no record of them o The Court’s pronouncement in Garbo v. Court of Appeals is relevant:
and that their ascendant title, allegedly in the name of Concepcion, was non-existent in their Procedural rules are [tools] designed to facilitate the adjudication of cases. Courts and
office. Thus, the OSG filed a complaint for revocation, annulment and cancellation of litigants alike are thus [enjoined] to abide strictly by the rules. And while the Court, in
certificates of title in behalf of the Republic against Concepcion and Kenrick. some instances, allows a relaxation in the application of the rules, this, we stress, was
3. Kenrick filed an answer which was allegedly signed by its counsel Atty. Onofre Garlitos Jr. never intended to forge a bastion for erring litigants to violate the rules with impunity. The
When Concepcion could not be located and be served with summons, the trial court ordered liberality in the interpretation and application of the rules applies only in proper cases and
the issuance of an alias summons by publication against him. under justifiable causes and circumstances. While it is true that litigation is not a game of
4. While the case was pending, the Senate Blue Ribbon Committee and Committee on Justice and technicalities, it is equally true that every case must be prosecuted in accordance with the
Human Rights investigated Kenrick’s acquisition of fake titles. During the hearing, Atty. prescribed procedure to insure an orderly and speedy administration of justice.
Garlitos was summoned and testified that he prepared Kenrick’s answer and transmitted an Like all rules, procedural rules should be followed except only when, for the most
unsigned draft to Kenrick’s president, Victor Ong. Apparently, the signature appearing persuasive of reasons, they may be relaxed to relieve a litigant of an injustice not
above Garlitos’ name was not his, he did not authorized anyone to sign it in his behalf, commensurate with the degree of his thoughtlessness in not complying with the
and he did not know who finally signed it. prescribed procedure. In this case, respondent failed to show any persuasive reason why
5. Republic filed an urgent motion to declare Kenrick and Concepcion in default for failure to file it should be exempted from strictly abiding by the rules.
a valid answer because the person who signed it was not the counsel for the respondents. Thus,
the answer was effectively an unsigned pleading. Under Sec. 3, Rule 7 of the ROC, an Notes:
unsigned pleading is a mere scrap of paper and produced no legal effect.
6. It granted the Republic’s motion. It ruled Kenrick’s answer “to be a sham and false and
intended to defeat the purpose of the rules.” It also ordered that the answer be stricken from the
records, declared Kenrick in default and allowed the Republic to present its evidence ex parte.
7. Having denied the motion for reconsideration. Kenrick, elevated the matter to the CA via a
petition for certiorari.
8. CA granted Kenrick’s petition for certiorari and lifted the trial court’s order of default against
Kenrick Then, it ordered the trial court to proceed to trial with dispatch. It ruled so because it
found Atty. Garlitos’ statements in the legislative hearing to be unreliable since they were not
subjected to cross-examination. It also scrutinized Atty. Garlitos’ acts after the filing of the
answer and concluded that he assented to the signing of the answer by somebody in his stead.
9. Republic moved for reconsideration but was denied, hence this petition.
Issue:
o Main Issue: Whether or not Kenrick failed to file a valid answer on the ground that its pleading
was unsigned by its counsel Atty. Garlitos.
Court’s Ruling:
Yes. Pursuant to Sec. 3, Rule 7, a pleading must be “signed by the party or counsel representing
him.” The law is clear, and the counsel’s duty and authority to sign a pleading is personal to him
and may not be delegated to just any person. The signature of counsel constitutes an assurance by
him that he has read the pleading; that, to the best of his knowledge, information and belief, there is
a good ground to support it; and that it is not interposed for delay. Under the Rules of Court, it is
counsel alone, by affixing his signature, who can certify to these matters.