This case has been cited 1 times or more.
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2013-08-28 |
DEL CASTILLO, J. |
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| By making such an ambiguous allegation in its Answer with Counterclaims, respondent is deemed to have admitted receiving the amount of P6,000.00 from petitioner as evidenced by Official Receipt No. 410848, which amount under the circumstances it had no right to receive. "If an allegation is not specifically denied or the denial is a negative pregnant, the allegation is deemed admitted."[24] "Where a fact is alleged with some qualifying or modifying language, and the denial is conjunctive, a 'negative pregnant' exists, and only the qualification or modification is denied, while the fact itself is admitted."[25] "A denial in the form of a negative pregnant is an ambiguous pleading, since it cannot be ascertained whether it is the fact or only the qualification that is intended to be denied."[26] "[P]rofession of ignorance about a fact which is patently and necessarily within the pleader's knowledge, or means of knowing as ineffectual, [is] no denial at all."[27] In fine, respondent failed to refute petitioner's claim of having paid the amount of P6,000.00. | |||||