G.R. No. L-35000. September 30, 1983

SALUD YOUNG, PLAINTIFF-APPELLEE, VS. OLIVIA YOUNG, DEFENDANT-APPELLANT.

Decisions / Signed Resolutions September 30, 1983 SECOND DIVISION ESCOLIN, J.:
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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 P3,600.00 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.

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

SO ORDERED.

Makasiar, (Chairman), Aquino, Guerrero, Abad Santos, and Relova, JJ., concur.

Concepcion, Jr., J., on leave.

De Castro, J., on sick leave.