Practice question
A complaint is founded on a written instrument properly attached and attributed to the defendant as a party. The defendant specifically denies its genuineness and due execution but omits the required oath. No exception to the oath requirement exists. What is the Rule 8 section 8 consequence?
- Every possible legal defense and the entire amount of unliquidated damages are conclusively admitted
- The document is automatically destroyed
- The oath requirement is optional whenever the defendant dislikes the document
- The plaintiff automatically loses for attaching the document
- The instrument’s genuineness and due execution are deemed admitted; that consequence must not be expanded into automatic admission of every possible liability issue
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.
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