This case has been cited 2 times or more.
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2008-07-04 |
AUSTRIA-MARTINEZ, J. |
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| On the matter of defective verification, Section 4, Rule 7 of the Rules of Court states that 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. This Court has consistently held that this requirement is formal, not jurisdictional.[38] It is a condition affecting the form of the pleading; non-compliance with this requirement does not necessarily render the pleading fatally defective. Verification is simply intended to secure an assurance that the allegations in the pleading are true and correct and not the product of the imagination or a matter of speculation, and that the pleading is filed in good faith.[39] Thus, the appellate court could have simply ordered the correction of the pleading or act on the unverified pleading, if the attending circumstances are such that strict compliance with the rule may be dispensed with in order to serve the ends of justice.[40] Besides, there appears to be no intention to circumvent the need for proper verification since Spouses Gutierrez submitted an amended verification in their Motion for Reconsideration. | |||||
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2008-07-04 |
AUSTRIA-MARTINEZ, J. |
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| On the matter of defective verification, Section 4, Rule 7 of the Rules of Court states that 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. This Court has consistently held that this requirement is formal, not jurisdictional.[38] It is a condition affecting the form of the pleading; non-compliance with this requirement does not necessarily render the pleading fatally defective. Verification is simply intended to secure an assurance that the allegations in the pleading are true and correct and not the product of the imagination or a matter of speculation, and that the pleading is filed in good faith.[39] Thus, the appellate court could have simply ordered the correction of the pleading or act on the unverified pleading, if the attending circumstances are such that strict compliance with the rule may be dispensed with in order to serve the ends of justice.[40] Besides, there appears to be no intention to circumvent the need for proper verification since Spouses Gutierrez submitted an amended verification in their Motion for Reconsideration. | |||||