Rule 8 Flashcards
WHAT ARE NOT ULTIMATE FACTS
- Evidentiary or immaterial facts;
- Legal conclusions, conclusions or interferences of facts not stated, or incorrect
inferences or conclusions from facts stated; - The details of probative matter or particulars of evidence, statements of law,
inferences and arguments; or - An allegation that a contract is valid or void is a mere conclusion of law
How do we allege if we are raising alternative causes of action or defenses?
Sec. 2. A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.
HOW TO MAKE AN ALLEGATION IN A PLEADING
Rule 1 Identify the type of allegation.
Rule 2 If already identified, determine if it is one that can be averred generally or one which must be averred with particularity:
FACTS THAT MAY BE AVERRED GENERALLY
Conditions precedent
Malice, intent, knowledge or other conditions of the mind (Last Sentence of Section 5, Rule 8)
Judgment (Section 6, Rule 8) Note: An authenticated copy of the judgment or decision shall be attached to the pleading.
Official document or act (Section 9, Rule 8)
WHEN SPECIFIC AVERMENT REQUIRED
- Capacity to sue and be sued in a representative capacity (Section 4, Rule 8)
- Legal existence of an organized association of persons (Section 4, Rule 8)
- Fraud or mistake (Section 5, Rule 8)
What is an Actionable Document?
A document is actionable when an action or defense is grounded upon such written instrument or document. (Asian Construction vs. Mendoza, G.R. No. 176949)
HOW TO PLEAD AN ACTIONABLE DOCUMENT
The one pleading an actionable document must:
a. Set forth in the pleading the substance of the instrument or document, and attach the original or the copy of the document to the pleading as an exhibit and which shall form part of the pleading; or
b. Set forth in the pleading said copy of the instrument or document. So quote plus attach.
Examples of Actionable Documents: Promissory Note or Official Receipt
What is the importance of determining if a document is actionable or not?
If the document is actionable, the opposing party is required to do the following in contesting the same as provided in Section 8 of Rule 8
1. By specific denial under oath; and
2. By setting forth what is claimed to be f
EFFECT OF FAILURE TO COMPLY WITH SECTION 8, RULE 8
When an Actionable Document is Properly Alleged, Failure to Specifically Deny Under Oath results in:
1. The admission of the genuineness and due execution of the said document.
2. The document need not be formally offered in evidence. For it may be considered an admitted fact (Philamgen vs. Sweet Lines, G.R. No. 87434, 1992)
MEANING OF “GENUINENESS” AND “DUE EXECUTION”
Genuineness means that the document is:
1. Not spurious, counterfeit, or of different import on its face from the one executed by the party; or
2. That the party whose signature it bears has signed it;
3. That at the time it was signed, it was in words and figures exactly as set out in the
pleadings.
Due execution means that the document was:
1. Signed voluntarily and knowingly by the party whose signature appears thereon;
2. If signed by somebody else, such representative had the authority to do so;
3. It was duly delivered, and that the formalities were complied.
DEFENSES THAT ARE CONSIDERED WAIVED/CAN NO LONGER BE RAISED when genuineness is waived
Forgery in the signature
Unauthorized signature, as in the case of an agent signing for his principal
The corporation was not authorized under its charter to sign the instrument
Want of delivery
At the time the document was signed, it was not in words and figures exactly as set out in the pleading.
DEFENSES NOT WAIVED DESPITE FAILURE TO DENY UNDER OATH
- Payment
- Want or illegality of consideration
- Fraud
- Mistake
- Compromise
- Statute of limitations
- Estoppel
- Duress
- Minority or imbecility
HOW SPECIFIC DENIAL DONE
Types of Specific Denial: (Section 10, Rule 8)
1. Absolute Denial - the defendant specifies each material allegation of fact the truth of which he does not admit and, whenever practicable, sets forth the substance of the matters upon which he relies to support his denial. (deny + reason)
2. Partial Denial - the defendant specifies the part of truth of which he admits and denies only the remainder.
- Denial by Disavowal of Knowledge - the defendant alleges that he is without knowledge or information to form a belief as to the truth of a material averment made in the complaint. Note: This must be made in good faith.
Why do our rules require specific denial?
Frilou Construction vs. Aegis Integrated Structure Corp.
G.R. No. 191088 (2016]
SC: The purpose requiring the defendant to make a specific denial is to make him disclose the matters alleged in the complaint which he succinctly intends to disprove at the trial, together with the matter which he relied upon to support the denial. The parties are compelled to lay their cards on the table.
EFFECT OF FAILURE TO MAKE A SPECIFIC DENIAL
Gen. Rule: Allegations not specifically denied are deemed admitted.
(also if dili ta makacomply sa procedures sa pagdeny, it is deemed admitted.)
Exceptions:
1.Allegations as to the amount of unliquidated damages; 2. Allegations immaterial to the cause of action; 3.Conclusion of law.