Young v. Young

I O N ESCOLIN, J.:

In Civil Case No. R-11363, the Court of First Instance of Cebu affirmed the judgment on the pleadings rendered by the City Court of Cebu ordering the defendant-appellant Olivia Young to pay plaintiff-appellee Salud Young the sum of P3,600 with 6% interest per annum from April 14, 1969, plus attorney's fees and costs. This appeal, originally filed in the Court of Appeals, was certified to Us as the case involves a legal question, to wit: whether or not the City Court of Cebu erred in issuing a judgment on the pleadings on the ground that the defendant failed to enter a verified specific denial of the genuineness and due execution of the written instruments which were made the basis of the action pursuant to Section 7, Rule 8 of the Rules of Court. Considering that the substance of said documents were properly alleged in, and copies thereof attached to, the complaint; and that defendant's failure to deny the same under oath resulted in the implied admission of their authenticity and due execution (Section 8, Rule 8 of the Rules of Court), the Court holds that the judgment on the pleadings rendered by the City Court was appropriate.ℒαwρhi৷

ACCORDINGLY, the judgment appealed from is hereby affirmed. No costs. SO ORDERED.

Makasiar (Chairman), Aquino, Guerrero, Abad Santos and Relova, JJ., concur. Concepcion, Jr. and De Castro, J., are on leave.