Fortunata Vs CA

Fortunata vs CA
G.R. No. 125383

July 2, 2002
Petitioner: FORTUNATA N. DUQUE
Respondents: COURT OF APPEALS, SPS. ENRICO
BONIFACIO and DRA. EDNA BONIFACIO
Petitioner: MARCOSA D. VALENZUELA, assisted by her
husband, ABELARDO VALENZUELA
Respondents: COURT OF APPEALS, SPOUSES EDNA
BONIFACIO and ENRICO BONIFACIO
Topic: Rule 26; Request for Admission;
Facts:
Petitioner Duque filed a complaint before the RTC of
Valenzuela alleging that: respondents spouses Enrico and
Edna Bonifacio negotiated with her certain checks in exchange
for cash in the total amount of Two Hundred Seventy Thousand
Pesos (P270,000.00); respondents represented themselves to
be holders in due course and for value and claimed that the
checks were sufficiently funded; upon presentation of the checks
on their respective dates of maturity, the same were dishonored;
petitioner Duque gave notice of dishonor to the respondents;
and this notwithstanding and despite repeated demands,
respondents refused and continued to refuse to honor said
checks or replace it with cash.
Petitioner Valenzuela alleged the same circumstances in her
complaint, except that with her, the total amount involved is Four
Hundred Thirty Two Thousand Pesos (P432,000.00).
In their Answers, the respondents spouses specifically
denied the allegations in the complaint.
Further, respondents contend that upon learning that the
checks were returned to the petitioners, they made
arrangements for settlement but only for the checks duly issued
by them.
The RTC issued a pre-trial order.
Petitioners filed a Request for Admission and furnished to
counsel for private respondents, specifically requesting that they
admit what was alleged in the complaint.
The RTC of Valenzuela, citing Sections 1 and 2, Rule 26 of the
Rules of Court, rendered a decision against the private
respondents For failure of the latter to respond to the
aforementioned request.
According to the RTC, Defendants failure to deny under oath the

matters of which an admission is requested or setting forth in
detail the reason why he cannot truthfully admit/deny those
matters in accordance with the cited provisions of the Rules of
Court is an implied admission of the matters of which admission is
requested.
Dissatisfied, the private respondents went to the Court of

Appeals.
The appellate court rendered a decision vacating and setting
aside the decision of the trial court.
Petitioner filed motion for reconsideration but the same was
denied by the appellate court.
Issue:
(1) whether or not the failure of the private respondents to
respond to the request for admission by the petitioners is
tantamount to an implied admission under Sections 1 and 2, Rule
26 of the Rules of Court; and
(2) Whether or not there was personal service of the request
on private respondents.
Ruling:
1. No.
Rule 26 seeks to obtain admissions from the adverse party
regarding the genuineness of relevant documents or relevant
matters of fact through requests for admissions to enable a party
to discover the evidence of the adverse side thereby facilitating an
amicable settlement of the case or expediting the trial of the
same. However, if the request for admission only serves to delay
the proceeding by abetting redundancy in the pleadings, the
intended purpose for the rule will certainly be defeated.
2. No.
Records show that only the counsel of the respondents,
Atty. H.G. Domingo, Jr. was furnished copies of the
requests. This is not sufficient compliance with the Rules. As
elucidated by the Court in the Briboneria case:
The general rule as provided for under Section 2 of Rule 27 (now

Section 2, Rule 13) of the Rules of Court is that all notices must
be served upon counsel and not upon the party, because notice
to counsel is notice to party.
However, the general rule cannot apply where the law expressly
provides that notice must be served upon a definite person. In
such cases, service must be made directly upon the person
mentioned in the law and upon no other in order that the notice be
valid.
Consequently, the requests for admission made by the petitioners

were not validly served and therefore, private respondents cannot
be deemed to have admitted the truth of the matters upon which
admissions were requested. Thus, the summary judgment
rendered by the RTC has no legal basis to support it.

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Fortunata vs CA

G.R. No. 125383

According to the RTC, Defendants failure to deny under oath the

Dissatisfied, the private respondents went to the Court of

The general rule as provided for under Section 2 of Rule 27 (now

Consequently, the requests for admission made by the petitioners

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