Thursday, December 27, 2012

EXCEPTIONS TO THE RULE THAT ALLEGATIONS NOT SPECIFICALLY DENIED ARE DEEMED ADMITTED:


Even granting that Rule 8, Section 11 of the Rules of Court finds application in the case, petitioners must remember that there remain averments that are not deemed admitted by the failure to deny the same. Among them are immaterial allegations and incorrect conclusions drawn from facts set out in the complaint. (Herrera, Remedial Law, Vol. I, p. 548 (2000 ed.).  Thus, even if respondents failed to file their answer, it does not mean that all averments found in the complaint will be considered as true and correct in their entirety, and that the forthcoming decision will be rendered in favor of the petitioners. We must not forget that even in administrative proceedings, it is still the complainant, or in this case the petitioners, who have the burden of proving, with substantial evidence, the allegations in the complaint or in the formal charges (First United Construction Corporation v. Valdez, G.R. No. 154108, December 10, 2008, 573 SCRA 391, 399 cited in GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) vs. DINNAH VILLAVIZA ET. AL., G.R. No. 180291, July 27, 2010, MENDOZA, J.).

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