Lawyer FAILS specific denials; Effects?
Material allegations, except unliquidated damages, not specifically denied are deemed admitted. If the allegations are deemed admitted, there is no more triable issue between the parties. If admissions appear in the answer of the defendant, especially if all material allegations have not been specifically denied, the plaintiff may file a motion for judgment on the pleadings under Rule 34.
An admission in a pleading cannot be controverted by the party making such admission because the admission is conclusive as to him. All proofs submitted by him contrary thereto or inconsistent therewith should be ignored whether an objection is interposed by a party or not (Republic vs. Sarabia). Said admission is a judicial admission, having been made by a party in the course of the proceedings in the same case, and does not require proof.
The following are not deemed admitted by the failure to make a specific denial: (a) The amount of unliquidated damages; (b) Conclusions in a pleading which do not have to be denied at all because only ultimate facts need be alleged in a pleading; (c) Non-material allegations, because only material allegations need be denied. ADVERTISEMENT: Work from home! Be an online English tutor. Earn at least PHP100/hour.
