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
Supreme Court Circular No. 48-00, issued on August 29, 2000, outlines amendments to the 1997 Rules of Civil Procedure in the Philippines. Key changes include the verification process for pleadings, stating that they need not be under oath unless required by law or rule, and must be supported by an affidavit confirming the truth of the allegations based on personal knowledge or authentic records. Additionally, the amendments clarify that if a pleading is not properly verified, it will be treated as unsigned. The circular also specifies that trial courts have the authority to dismiss appeals prior to sending records to appellate courts if appeals are filed late or if required fees are not paid. These amendments took effect on May 1, 2000.
Law Information
- Reference Number
- Supreme Court Circular No. 48-00
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Administrative Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
August 29, 2000
SUPREME COURT 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, Supreme Court 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, Supreme Court 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 ProcedureOCA 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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