CCHOPE ELECTION 2001

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DISMISSAL DUE TO LACK OF PROPER VERIFICATION

Besides, there is another reason to dismiss private respondent's election protest.  We note that the verification of aforesaid protest is defective.  In the verification, private respondent merely stated that he caused the preparation of his petition and he has read and understood all the allegations therein.14 [Rollo, p. 85.] Certainly, this is insufficient as private respondent failed to state that the contents of his election protest are true and correct of his persoral knowledge.15 [A.M. No. 00-2-10-SC, effective 1 May 2000 provides 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."] Since the petition lacks proper verification, it should be treated as an unsigned pleading and must be dismissed.16 [Section 4, Rule 7, 1997 Rules of Civil Procedure.]

En Banc, Justice Quisumbing, Soller v. COMELEC and RTC of Pinamalayan and Angel Saulong[G.R. No. 139853.  September 5, 2000]


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Last Updated: Thursday, April 19, 2001 08:06:41 AM