Practice question
A claim is founded on an actionable document. Explain the current attachment requirement, the general method for contesting genuineness and due execution and the two stated exceptions to the oath requirement.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 8, sections 1, 6–7 and 11–12, facts including evidence, judgments, actionable-document attachment, admissions and affirmative defenses.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 8 unchanged sections 2–5 and 8–10, alternatives, conditions precedent, fraud, actionable-document denial and specific denial; read with the 2019 amendments.
- https://lawphil.net/judjuris/juri2015/jun2015/gr_187487_2015.html — Go Tong Electrical Supply Co., Inc. v. BPI Family Savings Bank, Inc., G.R. No. 187487, June 29, 2015, main decision on distinct defenses despite admission of genuineness and due execution.
Answer this question in flashcards to review your response and continue practicing.