In the same vein, OSCI contends that Bastol’s Position Paper and
Manifestation/Compliance ought to have been considered as unsigned pleadings
which produce no legal effect under Sec. 3,46[46] Rule 7 of the Rules of Court for
violation of Sec. 4,47[47] Rule 7, requiring verification to be made upon personal
knowledge or based on authentic records, because said pleadings were verified
only by counsel, which verification is clearly not based on personal knowledge or
based on authentic records.
Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of
the case without prejudice, unless otherwise provided, upon motion and after hearing. x x x
46[46] SEC. 3. Signature and address. — Every pleading must be signed by the party or
counsel representing him, stating in either case his address which should not be a post office box.
The signature of counsel constitutes a certificate by him that he has read the pleading;
that to the best of his knowledge, information, and belief there is good ground to support it; and
that it is not interposed for delay.
An unsigned pleading produces no legal effect. However, the court may, in its discretion,
allow such deficiency to be remedied if it shall appear that the same was due to mere
inadvertence and not intended for delay. Counsel who deliberately files an unsigned pleading, or
signs a pleading in violation of this Rule, or alleges scandalous or indecent matter therein, or
fails to promptly report to the court a change of his address, shall be subject to appropriate
disciplinary action.
47[47] 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. (As amended, A.M. No. 00-2-10, May 1, 2000.)
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