[A.M.
No. 00-2-10-SC. February 29, 2000]
AMENDMENTS TO SECTION 4,
RULE 7 AND SECTION 13, RULE 41 OF THE 1997 RULES OF CIVIL PROCEDURE
EN BANC
Gentlemen:
Quoted
hereunder, for your information, is a resolution of this Court dated FEB 29 2000.
A.M. No. 00-2-10-SC
(Amendments 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:
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.
Very
truly yours,
Clerk of Court
(Sgd.) MA. LUISA D.
VILLARAMA
Asst. Clerk of Court