CIRCULAR
NO. 48-2000
TO: THE COURT
OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS,
SHARI'A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS
IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND
SHARI'A
CIRCUIT COURTS.
SUBJECT: A.M.
No. 00-2-10-SC. RE: AMENDMENTS TO SECTION 4, RULE 7 AND SECTION 13,
RULE 41 OF THE 1997
RULES OF CIVIL PROCEDURE.
For the information
and guidance of all concerned, quoted hereunder are the amended
provisions
in the 1997
Rules of Civil Procedure: (a) Section 4 of Rule 7: and (b) Section
13 of Rule 41, to wit:chanroblesvirtuallawlibrary
"RULE
7
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 pleading 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. (4a)
"RULE
41
SEC 13. Dismissal
of appeal.- Prior to the transmittal of the original record or the
record on appeal to the appellate court, the trial court may, motu
proprio
or on motion, dismiss the appeal for having been taken out of
time
or non-payment of the docket and other lawful fees within the
reglementary
period.(13a)"
The foregoing amendments
took effect last May 1, 2000.
August 29, 2000.
[Sgd.]
ALFREDO
L. BENIPAYOCourt
Administrator
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