This case has been cited 4 times or more.
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2016-01-11 |
LEONEN, J. |
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| However, the allegations in the pleadings "must be contextualized and interpreted in relation to the rest of the statements in the pleading."[186] The denials in respondents' Answer comply with the modes provided for under the Rules. We have held that the purpose of requiring specific denials from the defendant is to make the defendant disclose the "matters alleged in the complaint which he [or she] succinctly intends to disprove at the trial, together with the matter which 'he [or she] relied upon to support the denial."[187] The denials proffered by respondents sufficiently disclosed the matters they wished to disprove and those they would rely upon in making their denials. | |||||
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2012-07-30 |
BRION, J. |
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| A specific denial is made by specifying each material allegation of fact, the truth of which the defendant does not admit and, whenever practicable, setting forth the substance of the matters upon which he relies to support his denial.[33] The purpose of requiring the defendant to make a specific denial is to make him disclose the matters alleged in the complaint which he succinctly intends to disprove at the trial, together with the matter which he relied upon to support the denial.[34] | |||||
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2006-12-20 |
CALLEJO, SR., J. |
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| The purpose of requiring the defendant to make a specific denial is to make him disclose the matters alleged in the complaint which he succinctly intends to disprove at the trial, together with the matter which he relied upon to support the denial. The parties are compelled to lay their cards on the table.[58] | |||||
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2006-12-20 |
TINGA, J. |
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| SEC.11. Allegation 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. (Emphasis supplied) Although petitioners put their unmistakably sparse denial of respondent's allegations relative to the execution of the deed of sale in its favor and its possession of the Owner's Copy under the heading "SPECIFIC DENIALS" and anteceding it with the adverb "specifically,' the same cannot function as an operative denial within the purview of the Rules. A denial is not specific simply because it is so qualified by the defendant. A general denial does not become specific by the use of the word "specifically." When the matters of whether the defendant alleges having no knowledge or information sufficient to form a belief, are plainly and necessarily within the defendant's knowledge, his alleged ignorance or lack of information will not be considered as a specific denial.[24] In one case, it was held that when a respondent makes a "specific denial" of a material allegation of the petition without setting forth the substance of the matters relied upon to support its general denial, when such matters were plainly within its knowledge and the defendant could not logically pretend ignorance as to the same, said defendant fails to properly tender an issue.[25] Petitioners' "specific denial" in this case is ineffective and amounts to an admission pursuant to Rule 8, Sec. 11 of the Rules of Court. | |||||