Practice question
A complaint generally avers that all conditions precedent to filing have been performed or have occurred. The opponent says every individual condition must invariably be set out in detail merely to plead performance. Which rule applies?
- General averment is never sufficient
- Rule 8 section 3 permits a general averment of performance or occurrence of all conditions precedent
- Only a notarized witness list can allege performance
- Conditions precedent can never be pleaded
- General averment conclusively proves performance even against a proper contest
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.