Title
Duque vs. Court of Appeals
Case
G.R. No. 125383
Decision Date
Jul 2, 2002
Petitioners sued respondents over dishonored checks; RTC ruled for petitioners, CA reversed due to improper service of request for admission. SC upheld CA, remanded for trial.

Case Summary (G.R. No. 125383)

Factual Background

The material facts are undisputed. Petitioners alleged that respondents negotiated certain checks in exchange for cash amounting to P270,000.00 in Duque’s case and P432,000.00 in Valenzuela’s case; that respondents represented themselves as holders in due course for value and represented that the checks were sufficiently funded; that upon presentment the checks were dishonored; that petitioners gave notice of dishonor and made repeated demands; and that respondents refused to honor the checks or replace them with cash. Respondents denied negotiating the checks, denied the asserted representations, denied issuing all the checks, and denied refusing to honor or replace the checks, but acknowledged making arrangements to settle checks they actually issued.

Trial Court Proceedings

After joinder of issues, the RTC issued a pre-trial order defining the principal issues, including whether defendants owed the amounts claimed and whether defendants could introduce evidence contradicting the genuineness of documents. On November 22, 1988, petitioners served Requests for Admission seeking admissions that respondents negotiated the checks for valuable consideration, that Edna Bonifacio signed promissory notes dated November 23, 1987 acknowledging indebtedness in the respective amounts, and that demand letters dated November 28, 1987 were received December 5, 1987. Respondents did not file a sworn denial to the Requests for Admission. The RTC, citing Sections 1 and 2, Rule 26, issued an order on December 27, 1988 deeming the matters admitted and, on February 1, 1989, rendered judgment in favor of petitioners in both civil cases, awarding the principal amounts with legal interest.

Court of Appeals' Ruling

The respondents appealed to the Court of Appeals, which on March 13, 1996 vacated and set aside the RTC decision and remanded the cases for trial on the merits. The appellate court held that the matters of which admission was sought by petitioners pertained to matters already denied in respondents’ Answers; that the Requests for Admission were not validly served under Section 1 of Rule 26 because they were filed in court and copies were only furnished to counsel rather than properly served on the parties themselves; and that service on counsel alone did not satisfy the statutory requirement for Requests for Admission as interpreted in Briboneria vs. Court of Appeals. A motion for reconsideration by petitioners was denied on May 21, 1996.

Issues Presented

The petition to the Supreme Court raised two issues: (1) whether respondents’ failure to respond to the Requests for Admission amounted to an implied admission under Sections 1 and 2, Rule 26; and (2) whether the Requests for Admission were validly served on the respondents such that an implied admission could be deemed to have occurred.

Parties' Contentions

Petitioners argued that the RTC correctly applied Sections 1 and 2, Rule 26, and that respondents’ failure to file a sworn denial constituted an implied admission of the requested matters. Petitioners further contended that service on respondents’ counsel sufficed as service on the respondents themselves, relying on precedent such as PSFC Financial Corp. vs. Court of Appeals. Respondents maintained that they denied the matters in their Answers and that the Requests for Admission were not properly served upon them in the manner required by the rule.

Supreme Court's Analysis

The Court reviewed Section 1 and Section 2 of Rule 26, observing that the rule allows a party to request admission of genuineness of documents or truth of relevant matters of fact and that lack of a timely sworn denial results in deemed admission. The Court emphasized the remedial purpose of the rule to obtain admissions of evidentiary matters to expedite trial or facilitate settlement, and warned that requests that merely reproduce allegations already traversed in pleadings are pointless and redundant. The Court examined each of the three categories of requested admissions. It found that the request that respondents negotiated the checks was substantially the same as allegations already made and expressly denied in respondents’ Answers, so a further admission was superfluous. The request that Edna Bonifacio executed promissory notes was defective because petitioners failed to attach copies of the promissory notes to the Requests for Admission and did not show prior or simultaneous service of such documents as required by Section 1. The request concerning receipt of demand letters was likewise unnecessary in view of the complaint’s allegations and the respondents’ denial.

Sufficiency of Service

The Court addressed service and held that petitioners served copies of the Requests for Admission only on respondents’ counsel, Atty. H.G. Domingo, Jr. The Court noted the general rule that notices and pleadings are served upon counsel, but it recognized the exception when the law expressly requires personal service upon a definite person. Applying Briboneria vs. Court of Appeals, the Court concluded that the Requests for Admission under Rule 26 must be served upon the party in the manner the rule prescribes and that service on counsel alone did not constitute valid service of

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