De Lima admits petition not signed before notary public | Inquirer News

Calida said that for not complying with the rules, De Lima’s petition should be considered “unsigned and without legal effect” thus should be dismissed.But Hilbay argued that verification does not affect the validity of the pleading.

Citing the case of Uy v. Landbank, Hilbay said “the Supreme Court ruled that the requirement regarding verification of a pleading is formal, not jurisdictional. Such requirement is simply a condition affecting the form of pleading, the non-compliance of which does not necessarily render the pleading fatally defective.”

Hilbay added that in the case of Shipside v. CA, the high court ruled that it may act on a pleading although it is not verified if there are attending circumstances to make sure that justice may be served to the parties.

Source: De Lima admits petition not signed before notary public | Inquirer News

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