Negative Defenses


Negative defenses are the specific denials of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action (Sec. 5[a], Rule 6).

When the answer sets forth negative defenses, the burden of proof rests upon the plaintiff, and when the answer alleges affirmative defenses, the burden of proof devolves upon the defendant.
The three modes of specific denials are:

(a) Absolute Denial – This is where the defendant specifies each material allegations of fact, the truth of which he does not admit and whenever practicable sets forth the substance of the matters upon which he relies to support such denial.
(b) Partial Denial – This is where the defendant does not make a total denial of the material allegations in a specific paragraph, denying only a part of the averment. In doing so, he specifies that part the truth of which he admits and denies only the remainder.
(c) Denial by Disavowal of Knowledge – This is where the defendant alleges having no knowledge of information sufficient to form a belief as to the truth of a material averment made in the complaint. Such denial must be made in good faith.