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Panfilo A. Abaigar vs. Jesus A. Abaigar.

PANFILO A. ABAIGAR, Petitioner, versus JESUS A. ABAIGAR, Respondent.

G.R. No. 167003 | 2006-10-23

THIRD DIVISION
 
D E C I S I O N 
 
CARPIO MORALES, J.: 
 
On challenge are the Resolutions of the Court of Appeals dated November 30, 2004[1] and February 4, 2005[2] dismissing herein petitioner's Petition for Review, its certification against forum shopping having been signed merely by his counsel as petitioner had, before its filing, left for the United States. 
 
Section 5, Rule 7 of the 1997 Rules of Civil Procedure, as amended, provides: 
 
SEC. 5. Certification against forum shopping. - The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading...