This case has been cited 1 times or more.
|
2004-09-09 |
PANGANIBAN, J. |
||||
| Fourth, in its Answer,[85] petitioner failed to deny under oath the genuineness and due execution of the Receipt/Agreement, which is thus deemed admitted.[86] Indeed, before a private document offered as authentic is received in evidence, its due execution and authenticity must be proved. However, after it has been offered, failure to deny it under oath[87] amounts to its admissibility.[88] The "party whose signature it bears admits that he signed it or that it was signed by another for him with his authority;[89] 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 formal requisites required by law, x x x which it lacks, are waived by him."[90] The Receipt/Agreement is thus an instrument that is admittedly not "spurious, counterfeit or of different import on its face from the one executed."[91] | |||||