This case has been cited 1 times or more.
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2004-09-23 |
AUSTRIA-MARTINEZ, J. |
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| Respondent's denials do not constitute an effective specific denial as contemplated by law. In the early case of Songco vs. Sellner,[27] the Court expounded on how to deny the genuineness and due execution of an actionable document, viz.: … This means that the defendant must declare under oath that he did not sign the document or that it is otherwise false or fabricated. Neither does the statement of the answer to the effect that the instrument was procured by fraudulent representation raise any issue as to its genuineness or due execution. On the contrary such a plea is an admission both of the genuineness and due execution thereof, since it seeks to avoid the instrument upon a ground not affecting either. In fact, respondent's allegations amount to an implied admission of the due execution and genuineness of the promissory note. The admission of the genuineness and due execution of a document means that the party whose signature it bears admits that he voluntarily signed the document or it was signed by another for him and with his authority; that at the time it was signed it was in words and figures exactly as set out in the pleading of the party relying upon it; that the document was delivered; and that any formalities required by law, such as a seal, an acknowledgment, or revenue stamp, which it lacks, are waived by him.[28] Also, it effectively eliminated any defense relating to the authenticity and due execution of the document, e.g., that the document was spurious, counterfeit, or of different import on its face as the one executed by the parties; or that the signatures appearing thereon were forgeries; or that the signatures were unauthorized.[29] | |||||