Thursday, December 27, 2012

SPECIFIC DENIAL:


It is basic in remedial law that a defendant in a civil case must apprise the trial court and the adverse party of the facts alleged by the complaint that he admits and of the facts alleged by the complaint that he wishes to place into contention. The defendant does the former either by stating in his answer that they are true or by failing to properly deny them. There are two ways of denying alleged facts: one is by general denial, and the other, by specific denial (Friedenthal, et al., Civil Procedure, 2nd Edition, §§5.18 and 5.19).  In this jurisdiction, only a specific denial shall be sufficient to place into contention an alleged fact. Section 11, Rule 8, Rules of Court, provides:
Section 11. Allegations not specifically denied deemed admitted. ̶ Material averment in the complaint, other than those as to the amount of unliquidated damages, shall be deemed admitted when not specifically denied. Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath. (1a,R9).

Under Section 10, Rule 8 of the Rules of Court, a specific denial of an allegation of the complaint may be made in any of three ways, namely: (a) a 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; (b) a defendant who desires to deny only a part of an averment specifies so much of it as is true and material and denies only the remainder; and (c) a defendant who is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint states so, which has the effect of a denial. x x x x x x  In other words, while the admission is admissible in evidence, its probative value is to be determined from the whole statement and others intimately related or connected therewith as an integrated unit. Although acts or facts admitted do not require proof and cannot be contradicted, however, evidence aliunde can be presented to show that the admission was made through palpable mistake.  The rule is always in favor of liberality in construction of pleadings so that the real matter in dispute may be submitted to the judgment of the court (REPUBLIC OF THE PHILIPPINES vs. SANDIGANBAYAN, G.R. No. 166859, April 12, 2011, BERSAMIN, J.).

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