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
OCA Circular No. 48-00, issued on August 29, 2000, informs various courts in the Philippines about amendments to the 1997 Rules of Civil Procedure. The key changes include that pleadings no longer need to be verified by oath or affidavit unless specifically required, and improper verification will result in the pleading being treated as unsigned. Additionally, the trial court has the authority to dismiss an appeal for being filed out of time or for non-payment of required fees before the records are sent to the appellate court. These amendments took effect on May 1, 2000.
Law Information
- Reference Number
- OCA Circular No. 48-00
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
August 29, 2000
OCA CIRCULAR NO. 48-00
| 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:
"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 took effect last May 1, 2000.
August 29, 2000.
(SGD.) ALFREDO L. BENIPAYOCourt Administrator
Cite This Law
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, OCA Circular No. 48-00, Aug 29, 2000 (Philippines)
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, OCA Circular No. 48-00 (Phil. 2000)
Related Laws
- 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 ProcedureSupreme Court Circular No. 48-00 • Aug 29, 2000 • Supreme Court Issuances
- A.M. No. 00-2-03-SC Re: Amendment to Section 4, Rule 65 of the 1997 Rules of Civil ProcedureSupreme Court Circular No. 56-00 • Sep 5, 2000 • Supreme Court Issuances
- A.M. No. 00-2-03-SC Re: Amendment to Section 4, Rule 65 of the 1997 Rules of Civil ProcedureOCA Circular No. 56-00 • Sep 5, 2000 • Supreme Court Issuances
- Amendments to Section 4, Rule 65 of Rules of Civil Procedure<--!09012000-->A.M. No. 00-2-03-SC • Sep 1, 2000 • Supreme Court Issuances
- Amendment to Section 3, Rule 41 of the 1997 Rules of Civil Procedure<--!06192001-->A.M. No. 01-1-03-SC • Jun 19, 2001 • Supreme Court Issuances
- Proposed Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure<--!04102002-->A.M. No. 02-2-07-SC • Apr 10, 2002 • Supreme Court Issuances
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