SC CIRCULAR NO. 48-2000, August 29, 2000
SC CIRCULAR NO. 48-2000, August 29, 2000
| TO: | THE COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, SHARl’A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRLAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARl’A CIRCUIT COURTS. |
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| 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:
“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 propnio 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 took effect last May 1, 2000.
August 29, 2000.
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(Sgd.)ALFREDO L. BENIPAYO
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Court Administrator
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