Specific Denials


There are three modes of specific denial which are mentioned by the Rules, viz:

[1] Absolute denial – by specifying each material allegation of the fact in the complaint, the truth of which the defendant does not admit, and whenever practicable, setting forth the substance of the matter which he will rely upon to support his denial;
[2] Partial denial – by specifying so much of the averment in the complaint as is true and material and denying only the remainder, and;
[3] Denial by disavowal of knowledge – by stating that the defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment in the complaint, which has the effect of denial. (Gaza vs Lim)
The purpose of requiring the defendant to make a specific denial is to make him disclose the matters alleged in the complaint which he succinctly intends to disprove at the trial, together with the matter which he relied upon to support the denial. The parties are compelled to lay their cards on the table. (Aquintey vs. TibongADVERTISEMENT: Work from home! Be an online English tutor. Earn at least PHP100/hour.