Civ Pro - Rule 8 (Manner of Making Allegations in Pleadings) Flashcards
Is a matters which must be complied with before a cause of action arises
Conditioned Precedent
enumerate examples of condition precedent
- tender of payment
- exhaustion of administrative remedies
- barangay conciliation
- earnest effort to reach compromise
- arbitration
Are documents that are admissible in evidence without further proof of their due execution and genuineness,
and has, in their favor, the presumption of regularity
Public documents
what MUST be averred in a pleading?
- condition precedent before cause of action (must)
- capacity to sue or be sued (must)
- circumstance constituting fraud or mistake (must)
- alternate causes of action or defenses
- actionable document (as the case may be) (must)
if an agent is suing for his principal, what must the agent alleged? what is the effect had he not done that?
the agent must allege that he is an agent in the pleading
OTHERWISE, it will be assumed that the agent is suing in his personal capacity
if a corporation is suing, what must they aver in the pleading?
the corporation must allege they are a legally organized corporation
The rule allowing alternative defenses is consistent with even the _______ Rule which requires that all motions attacking a pleading shall include all objections then available, and all objections not so included shall be deemed waived
Omnibus Motion
is an instrument or document on which an action or defense is founded
actionable document
How to contest an actionable document
(a) must specifically deny the genuineness and due execution of the actionable document made under oath
(b) setting forth the facts
The _______ will result in the implied admission of the due execution and genuineness of the document
absence of an oath
when is an oath necessary? when is it not necessary?
[nec]
when denying the genuineness and due execution of an actionable document
[not] -> parts
when denying a part of the actionable document OR stipulation in the document
when is the requirement to be under oath NOT NECESSARY even when the genuineness and due execution is specifically sought to be denied?
a. when the adverse party is not a party to the document
b. when compliance of an order of inspection of the original document is refused
if a son is sued as a substitute party under a document signed by his deceased father, and a specific denial is made by the son. what is the effect of the specific denial?
It is not paramount to admission to the actionable document because the son is NOT a party to the document even when there is specific denial of the genuineness or due execution
illustrate by way of example how refusal of compliance for the inspection of an original actionable document insofar as specific denial is concerned
EX
The court granted A’s motion for inspection of the original actionable document of B.
B refused the inspection
A, if specifically denies the document and was not made under oath is not tantamount to an admission because of B’s refusal.
What are the defenses that are cut off by the admission of the genuineness and due execution of an actionable document?
- defense of forgery is waived
- defense lack of authority to execute document
- defense that that document was never delivered
- defense that another person signed it is waived
-defense that document was not in words and figures set out in pleading
