A.M.
NO. 00-2-10-SCAMENDMENT
TO SECTION 4, RULE 7 AND SECTION 13, RULE 41 OF THE 1997
RULES OF CIVIL PROCEDURE.The
Court resolved to AMEND the following provisions in the 1997
Rules of Civil Procedure: (a) Section 4 of Rule 7; and (b) Section
13 of Rule 41, to read as follows: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 for non-payment of the docket and other lawful
fees
within the reglementary period. (13a)
The
foregoing amendments shall take effect on May 1, 2000, following the
publication
of this Resolution in two (2) newspapers of general circulation not
later
than March 15, 2000.
(Sgd.)
HILARIO
G. DAVIDE, JR.Chief
Justice
(Sgd.)
JOSUE
N. BELLOSILLO (Sgd.) JOSE A. R. MELO
Associate
Justice
Associate Justice
(Sgd.)
REYNATO
S. PUNO (Sgd.) JOSE C. VITUG
Associate
Justice
Associate Justice
(Sgd.)
SANTIAGO M.
KAPUNAN
(Sgd.) VICENTE V. MENDOZA
Associate
Justice
Associate Justice
(Sgd.)
ARTEMIO
V. PANGANIBAN
(Sgd.)
LEONARDO A. QUISUMBING
Associate
Justice
Associate Justice
(Sgd.)
FIDEL
P.
PURISIMA
(Sgd.) BERNARDO P. PARDO
Associate
Justice
Associate Justice
(Sgd.)
ARTURO
B.
BUENA
(Sgd.) MINERVA P. GONZAGA-REYES
Associate
Justice
Associate Justice
(Sgd.)
CONSUELO
YNARES-SANTIAGO
(Sgd.) SABINO R. DE LEON, JR.
Associate
Justice
Associate Justice
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